Section 1417.5 Of Chapter 13. Disposition Of Evidence In Criminal Cases From California Penal Code >> Title 10. >> Part 2. >> Chapter 13.
1417.5
. Except as provided in Section 1417.6, 60 days after the
final determination of a criminal action or proceeding, the clerk of
the court shall dispose of all exhibits introduced or filed in the
case and remaining in the clerk's possession, as follows:
(a) If the name and address of the person from whom the exhibit
was taken is contained in the court record, the clerk shall notify
the person that he or she may make application to the court for
release of the exhibits within 15 days of receipt of the
notification.
(b) The court shall order the release of exhibits free of charge,
without prejudice to the state, upon application, to the following:
(1) First, the person from whom the exhibits were taken into
custody, provided that the person was in lawful possession of the
exhibits.
(2) Second, a person establishing title to, or a right to
possession of, the exhibits.
(c) If the party entitled to an exhibit fails to apply for the
return of the exhibit prior to the date for disposition under this
section, the following procedures shall apply:
(1) Exhibits of stolen or embezzled property other than money
shall be disposed of pursuant to court order as provided in Section
1417.6.
(2) Exhibits of property other than property which is stolen or
embezzled or property which consists of money or currency shall,
except as otherwise provided in this paragraph and in paragraph (3),
be transferred to the appropriate county agency for sale to the
public in the same manner provided by Article 7 (commencing with
Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the
Government Code for the sale of surplus personal property. If the
county determines that any property is needed for a public use, the
property may be retained by the county and need not be sold.
(3) Exhibits of property, other than money, currency, or stolen or
embezzled property, that are determined by the court to have no
value at public sale shall be destroyed or otherwise disposed of
pursuant to court order.
(4) Exhibits of money or currency shall be disposed of pursuant to
Section 1420.