Section 1417.3 Of Chapter 13. Disposition Of Evidence In Criminal Cases From California Penal Code >> Title 10. >> Part 2. >> Chapter 13.
1417.3
. (a) At any time prior to the final determination of the
action or proceeding, exhibits offered by the state or defendant
shall be returned to the party offering them by order of the court
when an exhibit poses a security, storage, or safety problem, as
recommended by the clerk of the court. If an exhibit by its nature is
severable the court shall order the clerk to retain a portion of the
exhibit not exceeding three pounds by weight or one cubic foot by
volume and shall order the return of the balance of the exhibit to
the district attorney. The clerk, upon court order, shall substitute
a full and complete photographic record of any exhibit or part of any
exhibit returned to the state under this section. The party to whom
the exhibit is being returned shall provide the photographic record.
(b) Exhibits toxic by their nature that pose a health hazard to
humans shall be introduced to the court in the form of a photographic
record and a written chemical analysis certified by competent
authority. Where the court finds that good cause exists to depart
from this procedure, toxic exhibits may be brought into the courtroom
and introduced. However, following introduction of the exhibit, the
person or persons previously in possession of the exhibit shall take
responsibility for it and the court shall not be required to store
the exhibit.