California Penal Code

§ 1387

PEN § 1387 Effective Jan 1, 2023Title 10 · Part 2 · Ch. 8

Statute text

(a)An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is a felony or if it is a misdemeanor charged together with a felony and the action has been previously terminated pursuant to this chapter, or Section 859b, 861, 871, or 995, or if it is a misdemeanor not charged together with a felony, except in those felony cases, or those cases where a misdemeanor is charged with a felony, where subsequent to the dismissal of the felony or misdemeanor the judge or magistrate finds any of the following:

(1)That substantial new evidence has been discovered by the prosecution that would not have been known through the exercise of due diligence at, or prior to, the time of termination of the action.

(2)That the termination of the action was the result of the direct intimidation of a material witness, as shown by a preponderance of the evidence.

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Legislative history

Amended by Stats. 2022, Ch. 197, Sec. 27. (SB 1493) Effective January 1, 2023.