California · Penal Code

PEN §1033.1: 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

Civil

What this law says, in plain English

This statute governs court procedures for returning a criminal case to its original trial location after appeal reversal, if the original reasons for changing venue no longer exist. The prosecution bears the burden of proving this at a hearing unless the defendant consents.

Read the full statutory text

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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