Section 1417.1 Of Chapter 13. Disposition Of Evidence In Criminal Cases From California Penal Code >> Title 10. >> Part 2. >> Chapter 13.
1417.1
. No order shall be made for the destruction of an exhibit
prior to the final determination of the action or proceeding. For the
purposes of this chapter, the date when a criminal action or
proceeding becomes final is as follows:
(a) When no notice of appeal is filed, 30 days after the last day
for filing that notice.
(b) When a notice of appeal is filed, 30 days after the date the
clerk of the court receives the remittitur affirming the judgment.
(c) When an order for a rehearing, a new trial, or other
proceeding is granted and the ordered proceedings have not been
commenced within one year thereafter, one year after the date of that
order.
(d) (1) In cases where the death penalty is imposed, 30 days after
the date of execution of sentence.
(2) In cases where the death penalty is imposed and the defendant
dies while awaiting execution, one year after the date of the
defendant's death.