Section 1387.1 Of Chapter 8. Dismissal Of The Action For Want Of Prosecution Or Otherwise From California Penal Code >> Title 10. >> Part 2. >> Chapter 8.
1387.1
. (a) Where an offense is a violent felony, as defined in
Section 667.5 and the prosecution has had two prior dismissals, as
defined in Section 1387, the people shall be permitted one additional
opportunity to refile charges where either of the prior dismissals
under Section 1387 were due solely to excusable neglect. In no case
shall the additional refiling of charges provided under this section
be permitted where the conduct of the prosecution amounted to bad
faith.
(b) As used in this section, "excusable neglect" includes, but is
not limited to, error on the part of the court, prosecution, law
enforcement agency, or witnesses.