Pending Refiling: Statute of Limitations Not Affected. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment, information or complaint, it may also order that the defendant be held in custody or that prior conditions for his release be continued for a specified time pending the filing of a new indictment, information or complaint. Nothing in this Section shall be deemed to affect the provisions of any act of the Legislature relating to periods of limitations. NOTE: Section 65.55 supersedes Paragraph 5 of former § 997 and of former Rule 12(b). See also former § 1117; Fed. R. Crim. P. 12(b)(5). It is substantively the same as proposed Rule 12(h) of the Federal Rules of Criminal Procedure. See generally 8 Moore, Federal Practice &12.05(1974).
----------
COL120106