Section 190.75. Grand jury; dismissal of charge  


Latest version.
  • 1.    If  upon  a  charge  that a designated person committed a crime,
      either (a) the evidence before the grand jury is not legally  sufficient
      to establish that such person committed such crime or any other offense,
      or (b) the grand jury is not satisfied that there is reasonable cause to
      believe  that  such person committed such crime or any other offense, it
      must dismiss the charge.  In such case, the grand jury must, through its
      foreman or acting foreman, file its finding of dismissal with the  court
      by which it was impaneled.
        2.    If the defendant was previously held for the action of the grand
      jury by a local  criminal  court,  the  superior  court  to  which  such
      dismissal is presented must order the defendant released from custody if
      he is in the custody of the sheriff, or, if he is at liberty on bail, it
      must exonerate the bail.
        3.  When a charge has been so dismissed, it may not again be submitted
      to a grand jury unless the court in its discretion authorizes or directs
      the  people  to  resubmit such charge to the same or another grand jury.
      If in such case the charge is again  dismissed,  it  may  not  again  be
      submitted to a grand jury.
        4.    Whenever  all  charges  against a designated person have been so
      dismissed, the district attorney must within ninety days of  the  filing
      of the finding of such dismissal, notify that person of the dismissal by
      regular  mail  to  his  last  known address unless resubmission has been
      permitted pursuant to subdivision three of this section or an  order  of
      postponement  of  such  service is obtained upon a showing of good cause
      and exigent circumstances.