Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 10. MISCELLANEOUS PROCEEDINGS / CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise
California Codes

Cal. Penal Code § 1387.1 (2026)

Dismissal of the Action for Want of Prosecution or Otherwise

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(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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1989–2025 · leading case: People v. Villanueva, 196 Cal. App. 4th 411 (Cal. Ct. App. 2011).
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People v. Villanueva, 196 Cal. App. 4th 411 (Cal. Ct. App. 2011). · cites it 4× “However, Penal Code section 1387.1 allows for a third opportunity for the prosecution to pursue violent felony charges, where “either of the prior dismissals .”
Tapp v. Superior Court, 216 Cal. App. 3d 1030 (Cal. Ct. App. 1989). · cites it 4× “Penal Code section 1387.1, however, provides: “Where an offense is a violent felony, as defined in Section 667.”
People v. Superior Court, 91 Cal. App. 4th 602 (Cal. Ct. App. 2001). “” 5 Penal Code section 1387.1 provides in pertinent part: “(a) Where an offense is a violent felony .”
Richard Tracy Henry v. Heather Shirley, No. 2:23-cv-03707 (C.D. Cal. May 27, 2025). “The 23 charges were then filed a third time and petitioner moved before trial to dismiss the 24 operative criminal information based on California Penal Code § 1387.1 (“§ 25 1387.”
People v. Tisdale, No. H040035 (Cal. Ct. App. Dec. 9, 2014). “Defense counsel told the court that he intended to demur to count one because it was barred by Penal Code section 1387.1 In the new complaint with the new case number, F23664, again appellant was charged with possession of a controlled substance (count two) and transportation of…”
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