California Codes

Cal. Penal Code § 1382 (2026)

✓ current as of May 2026

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(a)The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:

(1)When a person has been held to answer for a public offense and an information is not filed against that person within 15 days.

(2)In a felony case, when a defendant is not brought to trial within 60 days of the defendant’s arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or, in case the cause is to be tried again following a mistrial, an order granting a new trial from which an appeal is not taken, or an appeal from the superior court, within 60 days after the mistrial has been declared, after entry of the order granting the new trial, or after the filing of the remittitur in the trial court, or after the issuance of a writ or order which, in effect, grants a new trial, within 60 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney, or within 90 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney in any case where the district attorney chooses to resubmit the case for a preliminary examination after an appeal or the issuance of a writ reversing a judgment of conviction upon a plea of guilty prior to a preliminary hearing. However, an action shall not be dismissed under this paragraph if either of the following circumstances exists:

(A)The defendant enters a general waiver of the 60-day trial requirement. A general waiver of the 60-day trial requirement entitles the superior court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 60 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply.

(B)The defendant requests or consents to the setting of a trial date beyond the 60-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set a trial date. Whenever a case is set for trial beyond the 60-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.

Whenever a case is set for trial after a defendant enters either a general waiver as to the 60-day trial requirement or requests or consents, expressed or implied, to the setting of a trial date beyond the 60-day period pursuant to this paragraph, the court may not grant a motion of the defendant to vacate the date set for trial and to set an earlier trial date unless all parties are properly noticed and the court finds good cause for granting that motion.

(3)Regardless of when the complaint is filed, when a defendant in a misdemeanor or infraction case is not brought to trial within 30 days after he or she is arraigned or enters his or her plea, whichever occurs later, if the defendant is in custody at the time of arraignment or plea, whichever occurs later, or in all other cases, within 45 days after the defendant’s arraignment or entry of the plea, whichever occurs later, or in case the cause is to be tried again following a mistrial, an order granting a new trial from which no appeal is taken, or an appeal from a judgment in a misdemeanor or infraction case, within 30 days after the mistrial has been declared, after entry of the order granting the new trial, or after the remittitur is filed in the trial court, or within 30 days after the date of the reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367). However, an action shall not be dismissed under this subdivision if any of the following circumstances exists:

(A)The defendant enters a general waiver of the 30-day or 45-day trial requirement. A general waiver of the 30-day or 45-day trial requirement entitles the court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 30 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply.

(B)The defendant requests or consents to the setting of a trial date beyond the 30-day or 45-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver the court shall set a trial date. Whenever a case is set for trial beyond the 30-day or 45-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.

(C)The defendant in a misdemeanor case has been ordered to appear on a case set for hearing prior to trial, but the defendant fails to appear on that date and a bench warrant is issued, or the case is not tried on the date set for trial because of the defendant’s neglect or failure to appear, in which case the defendant shall be deemed to have been arraigned within the meaning of this subdivision on the date of his or her subsequent arraignment on a bench warrant or his or her submission to the court.

(b)Whenever a defendant has been ordered to appear in superior court on a felony case set for trial or set for a hearing prior to trial after being held to answer, if the defendant fails to appear on that date and a bench warrant is issued, the defendant shall be brought to trial within 60 days after the defendant next appears in the superior court unless a trial date previously had been set which is beyond that 60-day period.

(c)If the defendant is not represented by counsel, the defendant shall not be deemed under this section to have consented to the date for the defendant’s trial unless the court has explained to the defendant his or her rights under this section and the effect of his or her consent.

Notes of Decisions

Cited in 223 cases (26 in the last 5 years), 1934–2026 · leading case: State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017).

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State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017). · cites it 2× “See Cal. Penal Code § 1382 (West, Westlaw current with urgency legis.”

Owens v. Superior Court, 617 P.2d 1098 (Cal. 1980). · cites it 5× “However, the section also contains this proviso: "[A]n action shall not not be dismissed under this subdivision if it is set for trial on a date beyond the 60-day period at the request of the defendant or with his consent, express or implied, or because of his neglect or failure…”

United States v. Marion, 404 U.S. 307 (1971). · cites it 2× “19, § 781 (1964); Cal. Pen. Code § 1382 (1970); Va. Code Ann § 19.”

People v. Wilson, 383 P.2d 452 (Cal. 1963). · cites it 4× “" [2] *145 Penal Code section 1382 provides in relevant part that "The court, unless good cause to the contrary is shown, must order the action to be dismissed in the following cases: .”

People v. Jackson, 618 P.2d 149 (Cal. 1980). · cites it 2× “During all that time defendant was held in the local jail, and for the last 365 days of the period he was represented by the attorney of whom he now complains.”

Betterman v. Montana, 136 S. Ct. 1609 (2016). “3 (2015); Cal.Penal Code Ann. § 1382 (West 2011) ; Colo.”

Klopfer v. North Carolina, 386 U.S. 213 (1967). · cites it 2× “236; Cal. Pen. Code § 1382 ; Ga. Code Ann. § 27-1901 (1953); Idaho Code Ann.”

Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013). · cites it 2× “Cal. Penal Code § 1382 (a)(3). Under Orange’s policy for enforcing the Order, then, Plaintiffs can expect to face considerable difficulties posting bail and will likely be forced to spend up to a month in jail before obtaining the opportunity to contest their gang membership in…”

Townsend v. Superior Court, 543 P.2d 619 (Cal. 1975). · cites it 4× “In this case we are called upon to interpret and apply the provisions of California Penal Code section 1382 which require that a criminal defendant, in most felony cases, be brought to trial within 60 days after the filing of an accusatory pleading.”

Bellizzi v. Superior Court, 524 P.2d 148 (Cal. 1974). · cites it 6× “Right to Speedy Trial (3) Petitioner also contends that the People's decision to refile the charge rather than appeal the dismissal order has deprived him of his right to a speedy trial.”

People v. Noriega, 97 Cal. Daily Op. Serv. 8783 (Cal. Ct. App. 1997). · cites it 4× “(Pen. Code, § 1382.) [3] The court denied the motion and explained the 60 days had not yet expired but that today was the last day to bring the case to trial.”

Andre Burton v. Kevin Chappell, 816 F.3d 1132 (9th Cir. 2016). · cites it 2× “1801 (amending Cal. Penal Code § 1382 ). But the 60-day requirement was a limit on the government, not the defendant.”

Show all 223 citing cases →

— Cal. Penal Code § 1382(2) — 3 cases

Manson v. Pitchess, 317 F. Supp. 816 (C.D. Cal. 1970).

California v. Brown, 475 U.S. 1301 (1986).

California v. Hamilton, 476 U.S. 1301 (1986).

— Cal. Penal Code § 1382(a) — 1 case

People v. Guevarez, 2026 NY Slip Op 50045(U) (Bronx Criminal Ct. 2026).

— Cal. Penal Code § 1382(a)(2) — 2 cases

Rodney Carter v. L. Martinez (C.D. Cal. 2023).

(HC) Shaw v. High Desert State Prison (E.D. Cal. 2019).

— Cal. Penal Code § 1382(a)(3) — 1 case

Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013). “Cal. Penal Code § 1382 (a)(3). Under Orange’s policy for enforcing the Order, then, Plaintiffs can expect to face considerable difficulties posting bail and will likely be forced to spend up to a month in jail before obtaining the opportunity to contest their gang membership in…”

— Cal. Penal Code § 1382(b) — 1 case

King v. White, 839 F. Supp. 718 (C.D. Cal. 1993).

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