Loading chat...
CA AB2988
Bill
Status
9/30/2018
Primary Sponsor
Shirley Weber
Click for details
AI Summary
-
Requires governmental entities to preserve any object or material containing biological material secured in criminal cases for the duration of incarceration of any person convicted in that case, in a condition suitable for DNA testing.
-
Allows early disposal of biological material if the incarcerated person, counsel of record, public defender, district attorney, and Attorney General are notified at the person's current incarceration location and none object within 180 days.
-
Permits notification recipients to prevent destruction by filing a motion under Section 1405, requesting a one-year extension to file a DNA testing motion, or filing a declaration of innocence under penalty of perjury.
-
Prohibits waiver of the right to receive notice of intent to destroy evidence, including waivers given as part of plea agreements.
-
Establishes that if the Commission on State Mandates determines this bill creates state-mandated costs, reimbursement shall be made pursuant to Government Code Part 7, commencing with Section 17500.
Legislative Description
Criminal procedure: disposition of evidence.
Last Action
Chaptered by Secretary of State - Chapter 972, Statutes of 2018.
9/30/2018