BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 939|
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THIRD READING
Bill No: SB 939
Author: Block (D)
Amended: 4/2/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/8/14
AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell,
Steinberg
SUBJECT : Criminal jurisdiction
SOURCE : Alameda County District Attorney
Orange County District Attorney
Riverside County District Attorney
San Diego County District Attorney
DIGEST : This bill allows cases involving human trafficking,
pimping and pandering that occur in different jurisdictions to
be joined in a single jurisdiction if all the district attorneys
agree.
ANALYSIS : Existing law:
1.Provides that any person who deprives or violates the personal
liberty of another with the intent to obtain forced labor or
services or with the intent to effect or maintain a specified
sex offense violation or any person who causes, induces or
persuades or attempts to cause, induce or persuade a person
who is a minor at the time of the offense to engage in a
commercial sex act is guilty of human trafficking, a felony.
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2.Provides that pimping and pandering are felonies.
3.Provides that if one or more violations of specified sex
offenses occur in more than one jurisdictional territory, the
jurisdiction of any of those offenses, and for any offenses
properly joinable with that offense, is in any jurisdiction
where at least one of the offenses occurred if all the
district attorneys agree to the venue.
4.Provides that if specified domestic violence offenses occurred
in more than one jurisdiction and the defendant is the same
for all the offenses, the jurisdiction of any of the offenses
and for any offenses properly joinable with that offense is
the jurisdiction where at least one of the offenses occurred.
5.Provides when charges alleging multiple violations of human
trafficking that involve the same victim or victims in
multiple territorial jurisdictions are filed in one county,
the courts shall hold a hearing to consider whether the matter
should proceed in the county of filing or whether one or more
counts should be severed. The district attorney in each count
shall agree that the matter should proceed in the county of
filing. The court shall consider the location and complexity
of the likely evidence, where the majority of the offenses
occurred, the rights of the defendant and the people and the
convenience to the victim or victims in deciding whether to
hear all the complaints in one county (Penal Code Section
784.8).
This bill deletes existing language in Penal Code Section 784.8
and provides instead that if one or more violation of human
trafficking, pimping or pandering occurs in more than one
jurisdictional territory, the jurisdiction of any of those
offenses, and for any offenses properly joinable to that
offense, is any jurisdiction where at least one of the offenses
occurred if all the district attorneys agree to the venue.
Comments
According to the author's office, existing law states that when
more than one violation of sexual assault, rape, child
molestation, or similar charges occur in multiple jurisdictions,
all of the charges may be prosecuted in one jurisdiction where
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one of the crimes occurred. In order to consolidate, the law
stipulates that there must be a written agreement to the venue
from each district attorney and that the charges are properly
joinable. The request for consolidation requires the district
attorneys to submit written evidence before a judge, as
specified.
This bill creates a consolidated trial process mechanism for
human trafficking, pimping, pandering, and properly joinable
charges. Currently, these crimes must be prosecuted in each
jurisdiction where the crime occurred. This often results in
excessive trauma and travel for victims, unnecessary costs to
our court system, and complicated prosecution of human
trafficking related crimes.
Human trafficking, pimping, and pandering are not limited to one
jurisdiction. By the crimes' very nature, the victims can be
exploited wherever there is demand. Additionally, perpetrators
frequently move across jurisdictional lines to avoid
apprehension. This bill allows the prosecution of human
trafficking and its related offenses to capture the transitory
nature of these heinous crimes. Most importantly, this bill
helps victims by not subjecting them to multiple trials.
Currently, the same victim would be either a primary witness or
a supporting witness in each trial to show the same mode of
operation, criminal intent, or other relevant evidence. This
bill minimizes the trauma of testifying in multiple court
proceedings. Finally, consolidating these charges into a single
trial is cost effective for our courts and law enforcement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/8/14)
Alameda County District Attorney (co-source)
Orange County District Attorney (co-source)
Riverside County District Attorney (co-source)
San Diego County District Attorney (co-source)
Californians Against Slavery
California Alliance of Child and Family Services
California District Attorneys Association
California Police Chiefs Association Inc
California State Sherriff's Association
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Concerned Women for America
Crime Victims United of California
Crittenton Services for Children & Families
Junior League of San Diego
North County Lifeline
Peace Officers Research Association of California
San Bernardino County Sheriff's Department
JG:nl 4/9/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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