California § 1387.1. 1387.1. (Added by Stats. 1987, Ch. 1211, Sec. 47.5.)

California Statutes

§ 1387.1. — 1387.1. (Added by Stats. 1987, Ch. 1211, Sec. 47.5.)

California·Code PEN Penal Code - PEN·Title 10.·Part 2. TITLE 10. MISCELLANEOUS PROCEEDINGS·Ch. 8. CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise

(a)Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387, the people shall be permitted one additional opportunity to refile charges where either of the prior dismissals under Section 1387 were due solely to excusable neglect. In no case shall the additional refiling of charges provided under this section be permitted where the conduct of the prosecution amounted to bad faith.

(b)As used in this section, “excusable neglect” includes, but is not limited to, error on the part of the court, prosecution, law enforcement agency, or witnesses.

Free access — add to your briefcase to read the full text and ask questions with AI

(a)
Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387, the people shall be permitted one additional opportunity to refile charges where either of the prior dismissals under Section 1387 were due solely to excusable neglect. In no case shall the additional refiling of charges provided under this section be permitted where the conduct of the prosecution amounted to bad faith.
(b)
As used in this section, “excusable neglect” includes, but is not limited to, error on the part of the court, prosecution, law enforcement agency, or witnesses.

California § 1387.1. (1387.1. (Added by Stats. 1987, Ch. 1211, Sec. 47.5.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.