Section 1010 Of Chapter 3. Demurrer And Amendment From California Penal Code >> Title 6. >> Part 2. >> Chapter 3.
1010
. When an indictment or information is dismissed after the
sustaining of a demurrer, or at any other stage of the proceedings
because of any defect or insufficiency of the indictment or
information, if the court directs that the case be resubmitted to the
same or another grand jury or that a new information be filed, the
defendant shall not be discharged from custody, nor the defendant's
bail exonerated nor money or other property deposited instead of bail
on the defendant's behalf refunded, but the same proceedings must be
had on such direction as are prescribed in Sections 997 and 998.