Statute · California Penal Code

Cal. Penal Code § 1033.1 — Change of Venue

Cal. Penal Code § 1033.1

Type
Statute
Source
California Penal Code
Jurisdiction
California
Date
1993-10-06
Current through
Nov 2, 2026 (California Legislative Counsel)

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…

Citator

Cal. Penal Code § 1033.1 — Change of Venue is in force in the current edition of the Code, and nothing recorded condemns it.

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.