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Section 1417.8 Of Chapter 13. Disposition Of Evidence In Criminal Cases From California Penal Code >> Title 10. >> Part 2. >> Chapter 13.
1417.8
. (a) Notwithstanding any other provision of this chapter,
the court shall direct that any photograph of any minor that has been
found by the court to be harmful matter, as defined in Section 313,
and introduced or filed as an exhibit in any criminal proceeding
specified in subdivision (b) be handled as follows:
(1) Prior to the final determination of the action or proceeding, the photograph shall be available only to the parties or to a person named in a court order to receive the photograph.
(2) After the final determination of the action or proceeding, the photograph shall be preserved with the permanent record maintained by the clerk of the court. The photograph may be disposed of or destroyed after preservation through any appropriate photographic or electronic medium. If the photograph is disposed of, it shall be rendered unidentifiable before the disposal. No person shall have access to the photograph unless that person has been named in a court order to receive the photograph. Any copy, negative, reprint, or other duplication of the photograph in the possession of the state, a state agency, the defendant, or an agent of the defendant, shall be delivered to the clerk of the court for disposal whether or not the defendant was convicted of the offense.
(b) The procedure provided by subdivision (a) shall apply to actions listed under subdivision (c) of Section 290, and to acts under the following provisions:
(1) Section 261.5.
(2) Section 272.
(3) Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1.
(4) Chapter 7.6 (commencing with Section 313) of Title 9 of Part 1.
(c) For the purposes of this section, "photograph" means any photographic image contained in a digital format or on any chemical, mechanical, magnetic, or electronic medium.
(1) Prior to the final determination of the action or proceeding, the photograph shall be available only to the parties or to a person named in a court order to receive the photograph.
(2) After the final determination of the action or proceeding, the photograph shall be preserved with the permanent record maintained by the clerk of the court. The photograph may be disposed of or destroyed after preservation through any appropriate photographic or electronic medium. If the photograph is disposed of, it shall be rendered unidentifiable before the disposal. No person shall have access to the photograph unless that person has been named in a court order to receive the photograph. Any copy, negative, reprint, or other duplication of the photograph in the possession of the state, a state agency, the defendant, or an agent of the defendant, shall be delivered to the clerk of the court for disposal whether or not the defendant was convicted of the offense.
(b) The procedure provided by subdivision (a) shall apply to actions listed under subdivision (c) of Section 290, and to acts under the following provisions:
(1) Section 261.5.
(2) Section 272.
(3) Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1.
(4) Chapter 7.6 (commencing with Section 313) of Title 9 of Part 1.
(c) For the purposes of this section, "photograph" means any photographic image contained in a digital format or on any chemical, mechanical, magnetic, or electronic medium.
