Moreno(HB 512) Act No. 6
Existing law provides for the specific time limitations within which a criminal trial must
commence.
Existing law provides that such time limitations shall be interrupted if any of the following
occur:
(1)The defendant at any time, with the purpose of avoiding detection, apprehension, or
prosecution, flees from the state, is outside the state, or is absent from his usual place
of abode within the state.
(2)The defendant cannot be tried because of insanity or because his presence for trial
cannot be obtained by legal process, or for any other cause beyond the control of the
state.
(3)The defendant fails to appear at any proceeding pursuant to actual notice, proof of
which appears of record.
Existing law further provides that these periods of limitation shall commence to run anew
from the date the cause of interruption no longer exists.
New law provides that if the defendant fails to appear in court pursuant to any provision of
existing law and the defendant is subsequently arrested, the periods of limitations shall not
commence to run anew until the defendant appears in person in open court where the case
on the original charge is pending, or the district attorney prosecuting the original charge has
notice of the defendant's custodial location. Further provides for a definition of "notice".
Effective August 1, 2013.
(Adds C.Cr.P. Article 579(C))