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California Code, Penal Code - PEN § 1405.1

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) When the court grants a motion for DNA testing pursuant to Section 1405 and a DNA profile of an unknown contributor is generated, the court may conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System. The court may issue an order directing the upload of the DNA profile into the State Index System, and if appropriate, the National DNA Index System, only if all of the following conditions are met:

(1) The source of the DNA profile is attributable to the putative perpetrator of the crime.

(2) The profile meets all requirements, whether technical or otherwise, for permanent inclusion into the State Index System, and if appropriate, the National DNA Index System, as determined by the Department of Justice, the Federal Bureau of Investigation, federal law, and California law.

(3) The convicted person or convicted person's counsel provides written notice to the California Combined DNA Index System (CODIS) State Administrator at the Department of Justice, the Attorney General, and the district attorney 30 court days prior to the hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System.

(b) A court shall not order an upload of a DNA profile into the State Index System or the National DNA Index System that violates any CODIS or state rule, policy, or regulation.

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Cite this article: FindLaw.com - California Code, Penal Code - PEN § 1405.1 - last updated January 01, 2025 | https://codes.findlaw.com/ca/penal-code/pen-sect-1405-1/

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