California Penal Code

§ 1382

PEN § 1382 Effective Jan 1, 2010Title 10 · Part 2 · Ch. 8

Statute text

(a)The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:

(1)When a person has been held to answer for a public offense and an information is not filed against that person within 15 days.

(2)In a felony case, when a defendant is not brought to trial within 60 days of the defendant’s arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or, in case the cause is to be tried again following a mistrial, an order granting a new trial from which an appeal is not taken, or an appeal from the superior court, within 60 days after the mistrial has been declared, after entry of the order granting the new trial, or after the filing of the remittitur in the trial court, or after the issuance of a writ or order which, in effect, grants a new trial, within 60 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney, or within 90 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney in any case where the district attorney chooses to resubmit the case for a preliminary examination after an appeal or the issuance of a writ reversing a judgment of conviction upon a plea of guilty prior to a preliminary hearing. However, an action shall not be dismissed under this paragraph if either of the following circumstances exists:

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Legislative history

Amended by Stats. 2009, Ch. 424, Sec. 1. (AB 250) Effective January 1, 2010.