California statute
Cal. Penal Code § 1033.1
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Chapter 6: Change of Venue, California Penal Code.
Full text of Cal. Penal Code § 1033.1
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
In any criminal action or proceeding in which the place of trial has been changed for any of the reasons set forth in Section 1033, the court, upon its own motion or upon the motion of any party, may return the action or proceeding to the original place of trial if both of the following conditions apply: (a) The action or proceeding is pending before the court after reversal of the original judgment by the appellate court. (b) The court finds that the conditions which originally required the order to change venue, as set forth in Section 1033, no longer apply. Prior to making such a finding, the court shall conduct a hearing, upon notice to all parties. At the hearing, the burden shall be on the prosecution to establish that the conditions which originally required the order to change venue no longer apply, unless the defendant and his or her attorney consent to the return of the action or proceeding to the original place of trial.
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