Senate BillNo. 939


Introduced by Senator Block

(Coauthor: Senator Correa)

February 3, 2014


An act to amend Section 784.7 of the Penal Code, relating to criminal jurisdiction.

LEGISLATIVE COUNSEL’S DIGEST

SB 939, as introduced, Block. Criminal jurisdiction.

Existing law defines human trafficking as the deprivation of the personal liberty of another person with the intent to effect a violation of certain specified sex crimes, to obtain forced labor or services, or to cause a minor to engage in a commercial sex act with the intent to effect a violation of certain specified sex crimes. Existing law requires, when more than one violation of certain specified provisions of law occurs in more than one jurisdictional territory, that jurisdiction for any of those offenses is in any jurisdiction where at least one of the offenses occurred if all district attorneys in counties with jurisdiction of the offenses agree to the venue.

This bill would include human trafficking, pimping, and pandering to the specified offenses to which the above jurisdictional requirements apply.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 784.7 of the Penal Code is amended to
2read:

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784.7.  

(a) begin deleteWhen end deletebegin insertIf end insertmore than one violation of Section 220,
2except assault with intent to commit mayhem, 261, 262, 264.1,
3269, 286, 288, 288a, 288.5, or 289 occurs in more than one
4jurisdictional territory, the jurisdiction of any of those offenses,
5and for any offenses properly joinable with that offense, is in any
6jurisdiction where at least one of the offenses occurred, subject to
7a hearing, pursuant to Section 954, within the jurisdiction of the
8proposed trial. At the Section 954 hearing, the prosecution shall
9present evidence in writing that all district attorneys in counties
10with jurisdiction of the offenses agree to the venue. Charged
11offenses from jurisdictions where there is no written agreement
12from the district attorney shall be returned to that jurisdiction.

13(b) 

14begin deleteWhen end deletebegin insertIf end insertmore than one violation of Section 273a, 273.5, or 646.9
15occurs in more than one jurisdictional territory, and the defendant
16and the victim are the same for all of the offenses, the jurisdiction
17of any of those offenses and for any offenses properly joinable
18with that offense, is in any jurisdiction where at least one of the
19offenses occurred.

begin insert

20(c) If more than one violation of Section 236.1, 266h, or 266i
21occurs in more than one jurisdictional territory, the jurisdiction
22of any of those offenses, and for any offenses properly joinable
23with that offense, is in any jurisdiction where at least one of the
24offenses occurred, subject to a hearing pursuant to Section 954,
25within the jurisdiction of the proposed trial. At the Section 954
26hearing, the prosecution shall present evidence in writing that all
27district attorneys in counties with jurisdiction of the offenses agree
28to the venue. Charged offenses from jurisdictions where there is
29no written agreement from the district attorney shall be returned
30to that jurisdiction.

end insert


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