SB 939, as amended, 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.
Existing law, when charges alleging multiple incidences of human trafficking that involve the same victim or victims in multiple territorial jurisdictions are filed in one county, requires the court to hold a hearing to consider whether the matter should proceed in the county of filing or whether one or more counts should be severed and to consider specified factors in making this decision, including the location and complexity of the likely evidence and where the majority of the offenses occurred. Existing law requires the district attorney in the filing county to present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing.
This bill would delete these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 784.7 of the Penal Code is amended to
2read:
(a) If more than one violation of Section 220, except
4assault with intent to commit mayhem, 261, 262, 264.1, 269, 286,
5288, 288a, 288.5, or 289 occurs in more than one jurisdictional
6territory, the jurisdiction of any of those offenses, and for any
7offenses properly joinable with that offense, is in any jurisdiction
8where at least one of the offenses occurred, subject to a hearing,
9pursuant to Section 954, within the jurisdiction of the proposed
10trial. At the Section 954 hearing, the prosecution shall present
11begin insert writtenend insert evidencebegin delete in writingend delete that all
district attorneys in counties
12with jurisdiction of the offenses agree to the venue. Charged
13offenses from jurisdictions where there is no written agreement
14from the district attorney shall be returned to that jurisdiction.
15(b) If more than one violation of Section 273a, 273.5, or 646.9
16occurs in more than one jurisdictional territory, and the defendant
17and the victim are the same for all of the offenses, the jurisdiction
18of any of those offenses and for any offenses properly joinable
19with that offense, is in any jurisdiction where at least one of the
20offenses occurred.
21(c) If more than one violation of Section 236.1, 266h, or 266i
22occurs in more than one jurisdictional territory, the jurisdiction of
23any of those offenses, and for any offenses properly joinable with
24that
offense, is in any jurisdiction where at least one of the offenses
25occurred, subject to a hearing pursuant to Section 954, within the
26jurisdiction of the proposed trial. At the Section 954 hearing, the
P3 1prosecution shall presentbegin insert writtenend insert evidencebegin delete in writingend delete that all district
2attorneys in counties with jurisdiction of the offenses agree to the
3venue. Charged offenses from jurisdictions where there is no
4written agreement from the district attorney shall be returned to
5that jurisdiction.
Section 784.8 of the Penal Code is repealed.
O
97