BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 939| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 939 Author: Block (D), et al. Amended: 6/23/14 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/8/14 AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell, Steinberg SENATE FLOOR : 33-0, 4/21/14 AYES: Anderson, Beall, Berryhill, Block, Corbett, Correa, De León, DeSaulnier, Fuller, Gaines, Galgiani, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Morrell, Nielsen, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland NO VOTE RECORDED: Calderon, Cannella, Evans, Hancock, Mitchell, Wright, Yee ASSEMBLY FLOOR : 76-0, 6/26/14 (Consent) - See last page for vote SUBJECT : Criminal jurisdiction SOURCE : Alameda County District Attorney Orange County District Attorney Riverside County District Attorney San Diego County District Attorney DIGEST : This bill permits the consolidation of human-trafficking-related charges occurring in different CONTINUED SB 939 Page 2 counties into a single trial if all involved jurisdictions agree. Assembly Amendments add co-authors and require the court to consider the location of evidence, the convenience or hardship to victims and witnesses, the rights of the defendant, and where the majority of offences occurred, when consolidating charges. 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. 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 CONTINUED SB 939 Page 3 hear all the complaints in one county (Penal Code Section 784.8). This bill: 1.Allows cases involving human trafficking, pimping, and pandering that occur in different jurisdictions to be joined in a single trial if all the district attorneys agree. 2.Provides that consolidation of the cases is subject to a joinder hearing, within the jurisdiction of the proposed trial. 3.Requires the prosecution to present written evidence that all district attorneys in counties with jurisdiction of the offenses agree to the venue. 4.Requires charged offenses from jurisdictions where there is no written agreement from the district attorney to be returned to that county. 5.Provides that when determining whether all counts in the complaint should be joined in one county for prosecution, 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 of, or hardship to, the victim or victims and witnesses. 6.Deletes existing language in Penal Code section 784.8 relating to the consolidation of human trafficking cases occurring in different counties. 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 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. CONTINUED SB 939 Page 4 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 6/26/14) 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) California Alliance of Child and Family Services California District Attorneys Association California Narcotics Officers' Association California Police Chiefs Association Inc. California State Law Enforcement Association California State Sherriff's Association Californians Against Slavery Chief Probation Officers of California Concerned Women for America County of Los Angeles County of San Diego CONTINUED SB 939 Page 5 Crime Victims United of California Crittenton Services for Children & Families Junior League of San Diego Junior Leagues of California North County Lifeline Peace Officers Research Association of California San Bernardino County Sheriff's Department ASSEMBLY FLOOR : 76-0, 6/26/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Gorell, Logue, Rendon, Vacancy JG:nl 6/27/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED