reglab/housing_qa huggingface dataset:
CA Penal Code § 1384 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise|Section 1384.

1384.  If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him or to the person or persons found by the court to have deposited said money on behalf of said defendant.(Amended by Stats. 1980, Ch. 938, Sec. 6.)
CA Penal Code § 1385.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise|Section 1385.1.

1385.1.  Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive.(Added June 5, 1990, by initiative Proposition 115, Sec. 26.)
CA Penal Code § 1386 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise|Section 1386.

1386.  The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a public offense, except as provided in Section 1385.(Amended by Stats. 1987, Ch. 828, Sec. 93.)
CA Penal Code § 1387.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise|Section 1387.1.

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.(Added by Stats. 1987, Ch. 1211, Sec. 47.5.)
CA Penal Code § 1387.2 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise|Section 1387.2.

1387.2.  Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on the existing accusatory pleading. For the purposes of Section 1387, the action shall be deemed as having been previously terminated. The defendant shall be rearraigned on the accusatory pleading and a new time period pursuant to Section 859b or 1382 shall commence.(Added by Stats. 1992, Ch. 278, Sec. 2. Effective January 1, 1993.)
CA Penal Code § 1388 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise|Section 1388.

1388.  (a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant had been released on his own recognizance for that action, if the prosecutor files another accusatory pleading against the same defendant for the same offense, unless the defendant is present in court at the time of refiling, the district attorney shall send a letter to the defendant at his last known place of residence, and shall send a copy to the attorney of record, stating that the case has been refiled, and setting forth the date, time and place for rearraignment.(b) If the defendant fails to appear for arraignment as stated, or at such time, date, and place as has been subsequently agreed to by defendant’s counsel and the district attorney, then the court shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear.(c) If the defendant was released on his own recognizance on the original charge, he shall, if he appears as provided in subdivisions (a) and (b), be released on his own recognizance on the refiled charge unless it is shown that changed conditions require a different disposition, in which case bail shall be set at the discretion of the judge.(Added by Stats. 1976, Ch. 1024.)
CA Penal Code § 1389.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8.5 - Agreement on Detainers|Section 1389.1.

1389.1.  The phrase “appropriate court” as used in the agreement on detainers shall, with reference to the courts of this State, means the court in which the indictment, information, or complaint is filed.(Added by Stats. 1963, Ch. 2115.)
CA Penal Code § 1389.2 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8.5 - Agreement on Detainers|Section 1389.2.

1389.2.  All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the agreement on detainer and to co-operate with one another and with other states in enforcing the agreement and effectuating its purpose.(Added by Stats. 1963, Ch. 2115.)
CA Penal Code § 1389.4 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8.5 - Agreement on Detainers|Section 1389.4.

1389.4.  Every person who has been imprisoned in a prison or institution in this State and who escapes while in the custody of an officer of this or another state in another state pursuant to the agreement on detainers is deemed to have violated Section 4530 and is punishable as provided therein.(Added by Stats. 1963, Ch. 2115.)
CA Penal Code § 1389.5 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8.5 - Agreement on Detainers|Section 1389.5.

1389.5.  It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainer. Such official shall inform such inmate of his rights provided in paragraph (a) of Article IV of the Agreement on Detainers in Section 1389 of this code.(Added by Stats. 1963, Ch. 2115.)
CA Penal Code § 1389.6 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8.5 - Agreement on Detainers|Section 1389.6.

1389.6.  The Administrator, Interstate Probation and Parole Compacts, shall administer this agreement.(Added by Stats. 1963, Ch. 2115.)
CA Penal Code § 1389.7 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8.5 - Agreement on Detainers|Section 1389.7.

1389.7.  When, pursuant to the agreement on detainers or other provision of law, a person in actual confinement under sentence of another jurisdiction is brought before a California court and sentenced by the judge to serve a California sentence concurrently with the sentence of the other jurisdiction or has been transferred to another jurisdiction for concurrent service of previously imposed sentences, the Board of Prison Terms, and the panels and members thereof, may meet in such other jurisdiction, or enter into cooperative arrangements with corresponding agencies in the other jurisdiction, as necessary to carry out the term-fixing and parole functions.(Amended by Stats. 1979, Ch. 255.)
CA Penal Code § 1389.8 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 8.5 - Agreement on Detainers|Section 1389.8.

1389.8.  It shall be the responsibility of the agent of the receiving state to return the prisoner to the sending state upon completion of the proceedings.(Added by Stats. 1971, Ch. 1185.)
CA Penal Code § 1390 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 9 - Proceedings Against Corporations|Section 1390.

1390.  Upon the filing of an accusatory pleading against a corporation, the court shall issue a summons, signed by the judge with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than 10 days after the issuing of the summons.(Amended by Stats. 1971, Ch. 1591.)
CA Penal Code § 1391 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 9 - Proceedings Against Corporations|Section 1391.

1391.  The summons shall be substantially in the following form:County of (as the case may be).The people of the State of California to the (naming the corporation):You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer an accusatory pleading, for (designating the offense generally).Dated this ____ day of ____, 19__.G. H., Judge, (name of the court). (Amended by Stats. 1971, Ch. 1591.)
CA Penal Code § 1392 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 9 - Proceedings Against Corporations|Section 1392.

1392.  The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, managing agent, or an agent of the corporation designated for service of civil process.(Amended by Stats. 1973, Ch. 248.)
CA Penal Code § 1393 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 9 - Proceedings Against Corporations|Section 1393.

1393.  At the appointed time in the summons, the magistrate shall proceed with the charge in the same manner as in other cases.(Amended by Stats. 1971, Ch. 1591.)
CA Penal Code § 1396 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 9 - Proceedings Against Corporations|Section 1396.

1396.  If an accusatory pleading is filed, the corporation may appear by counsel to answer the same, except that in the case of misdemeanors arising from operation of motor vehicles, or of infractions arising from operation of motor vehicles, a corporation may appear by its president, vice president, secretary or managing agent for the purpose of entering a plea of guilty. If it does not thus appear, a plea of not guilty shall be entered, and the same proceedings had thereon as in other cases.(Amended by Stats. 1973, Ch. 718.)
CA Penal Code § 1397 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 9 - Proceedings Against Corporations|Section 1397.

1397.  When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it in the manner provided for enforcement of money judgments generally.(Amended by Stats. 1982, Ch. 497, Sec. 140. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
CA Penal Code § 1401 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 10 - Entitling Affidavits|Section 1401.

1401.  It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, information, or appeal in which it is made.(Amended by Code Amendments 1880, Ch. 47.)
CA Penal Code § 1404 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 11 - Errors and Mistakes in Pleadings and Other Proceedings|Section 1404.

1404.  Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.(Enacted 1872.)
CA Penal Code § 1405.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 11 - Errors and Mistakes in Pleadings and Other Proceedings|Section 1405.1.

1405.1.  (a) When the court grants a motion for DNA testing pursuant to Section 1405 and a DNA profile of an unknown contributor is generated, the court may conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System. The court may issue an order directing the upload of the DNA profile into the State Index System, and if appropriate, the National DNA Index System, only if all of the following conditions are met:(1) The source of the DNA profile is attributable to the putative perpetrator of the crime.(2) The profile meets all requirements, whether technical or otherwise, for permanent inclusion into the State Index System, and if appropriate, the National DNA Index System, as determined by the Department of Justice, the Federal Bureau of Investigation, federal law, and California law.(3) The convicted person or convicted person’s counsel provides written notice to the California Combined DNA Index System (CODIS) State Administrator at the Department of Justice, the Attorney General, and the district attorney 30 court days prior to the hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System.(b) A court shall not order an upload of a DNA profile into the State Index System or the National DNA Index System that violates any CODIS or state rule, policy, or regulation.(Added by Stats. 2014, Ch. 554, Sec. 2. (SB 980) Effective January 1, 2015.)
CA Penal Code § 1407 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 12 - Disposal of Property Stolen or Embezzled|Section 1407.

1407.  When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he shall hold it subject to the provisions of this chapter relating to the disposal thereof.(Amended by Stats. 1975, Ch. 774.)
CA Penal Code § 1408 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 12 - Disposal of Property Stolen or Embezzled|Section 1408.

1408.  On the application of the owner and on satisfactory proof of his ownership of the property, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling it, shall order it to be delivered, without prejudice to the state, to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.(Amended by Stats. 1971, Ch. 799.)
CA Penal Code § 1409 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 12 - Disposal of Property Stolen or Embezzled|Section 1409.

1409.  If property stolen or embezzled comes into the custody of the magistrate, it shall be delivered, without prejudice to the state, to the owner upon his application to the court and on satisfactory proof of his title, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the magistrate, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.(Amended by Stats. 1971, Ch. 799.)
CA Penal Code § 1410 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 12 - Disposal of Property Stolen or Embezzled|Section 1410.

1410.  If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, upon the application of the owner to the court and on proof of his title, after reasonable notice and opportunity to be heard has been given to the person from whom custody of the property was taken and any other person as required by the court, may order it to be restored to the owner without prejudice to the state.(Amended by Stats. 1971, Ch. 799.)
CA Penal Code § 1412 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 12 - Disposal of Property Stolen or Embezzled|Section 1412.

1412.  When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant and the other of which he must forthwith file with the Clerk of the Court to which the depositions and statement are to be sent. When such property is taken by a police officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the Clerk or other person in charge of the police office in such city or town.(Enacted 1872.)
CA Penal Code § 1413 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 12 - Disposal of Property Stolen or Embezzled|Section 1413.

1413.  (a) The clerk or person having charge of the property section for any police department in any incorporated city or town, or for any sheriff’s department in any county, shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled, and brought into the office or taken from the person of a prisoner, and shall attach a number to each article, and make a corresponding entry thereof. He may engrave or imbed an identification number in property described in Section 537e for the purposes thereof.(b) The clerk or person in charge of the property section may, upon satisfactory proof of the ownership of property held pursuant to Section 1407, and upon presentation of proper personal identification, deliver it to the owner. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property. Prior to such delivery such clerk or person in charge of the property section shall make and retain a complete photographic record of such property. The person to whom property is delivered shall sign, under penalty of perjury, a declaration of ownership, which shall be retained by the clerk or person in charge of the property section. This subdivision shall not apply to any property subject to forfeiture under any provision of law. This subdivision shall not apply unless the clerk or person in charge of the property section has served upon the person from whom custody of the property was taken a notice of a claim of ownership and a copy of the satisfactory proof of ownership tendered and has allowed such person reasonable opportunity to be heard as to why the property should not be delivered to the person claiming ownership.If the person upon whom a notice of claim and proof of ownership has been served does not respond asserting a claim to the property within 15 days from the date of receipt of the service, the property may be disposed of in a manner not inconsistent with the provisions of this section.(c) The magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling the property, or the court before which a trial is had for stealing or embezzling it, shall upon application by the person from whom custody of the property was taken, review the determination of the clerk or person in charge of the property section, and may order the property taken into the custody of the court upon a finding that the person to whom the property was delivered is not entitled thereto. Such court shall make its determination in the same manner as a determination is made when the matter is before the court pursuant to Sections 1408 to 1410, inclusive.(d) The clerk or person in charge of the property section is not liable in damages for any official action performed hereunder in good faith.(Amended by Stats. 1981, Ch. 714, Sec. 332.)
CA Penal Code § 1417 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 13 - Disposition of Evidence in Criminal Cases|Section 1417.

1417.  All exhibits which have been introduced or filed in any criminal action or proceeding shall be retained by the clerk of the court who shall establish a procedure to account for the exhibits properly, subject to Sections 1417.2 and 1417.3 until final determination of the action or proceedings and the exhibits shall thereafter be distributed or disposed of as provided in this chapter.(Amended by Stats. 1990, Ch. 382, Sec. 3.)
CA Penal Code § 1417.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 13 - Disposition of Evidence in Criminal Cases|Section 1417.1.

1417.1.  No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding. For the purposes of this chapter, the date when a criminal action or proceeding becomes final is as follows:(a) When no notice of appeal is filed, 30 days after the last day for filing that notice.(b) When a notice of appeal is filed, 30 days after the date the clerk of the court receives the remittitur affirming the judgment.(c) When an order for a rehearing, a new trial, or other proceeding is granted and the ordered proceedings have not been commenced within one year thereafter, one year after the date of that order.(d) (1) In cases where the death penalty is imposed, 30 days after the date of execution of sentence.(2) In cases where the death penalty is imposed and the defendant dies while awaiting execution, one year after the date of the defendant’s death.(Amended by Stats. 2012, Ch. 283, Sec. 2. (SB 1489) Effective January 1, 2013.)
CA Penal Code § 1417.2 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 13 - Disposition of Evidence in Criminal Cases|Section 1417.2.

1417.2.  Notwithstanding Section 1417.5, the court may, on application of the party entitled thereto or an agent designated in writing by the owner, order an exhibit delivered to that party at any time prior to the final determination of the action or proceeding, upon stipulation of the parties or upon notice and motion if both of the following requirements are met:(a) No prejudice will be suffered by either party.(b) A full and complete photographic record is made of the exhibits so released.The party to whom the exhibit is being returned shall provide the photographic record. This section shall not apply to any material, the release of which is prohibited by Section 1417.6.(Added by Stats. 1985, Ch. 875, Sec. 3.)