Section 1033.1 Of Chapter 6. Change Of Venue From California Penal Code >> Title 6. >> Part 2. >> Chapter 6.
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 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.