BILL NUMBER: AB 1708	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gonzalez

                        JANUARY 25, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1708, as introduced, Gonzalez. Criminal actions: venue.
   Existing law governs venue in criminal actions. If more than one
violation of any of specified criminal offenses occurs in more than
one jurisdictional territory, the jurisdiction of any one of those
offenses, and of any offenses properly joinable with that offense,
shall be in any jurisdiction where at least one of the offenses
occurred, as specified.
   This bill would make technical, nonsubstantive changes to those
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 1.  Section 784.7 of the Penal Code is amended to read:
   784.7.  (a) If more than one violation of Section 220, except
assault with intent to commit mayhem, 261, 262, 264.1, 269, 286, 288,
288a, 288.5, or 289 occurs in more than one jurisdictional
territory, the jurisdiction of any of those offenses, and for any
offenses properly joinable with that offense,  is 
 shall be  in any jurisdiction where at least one of the
offenses occurred, subject to a hearing, pursuant to Section 954,
within the jurisdiction of the proposed trial. At the Section 954
hearing, the prosecution shall present written evidence that all
district attorneys in counties with jurisdiction of the offenses
agree to the venue. Charged offenses from jurisdictions 
where there is no   that do not have a  written
agreement from the district attorney shall be returned to that
jurisdiction.
   (b) If more than one violation of Section 273a, 273.5, or 646.9
occurs in more than one jurisdictional territory, and the defendant
and the victim are the same for all of the offenses, the jurisdiction
of any  one  of those  offenses  
offenses,  and  for   of  any offenses
properly joinable with that offense,  is  
shall be  in any jurisdiction where at least one of the offenses
occurred.
   (c) If more than one violation of Section 236.1, 266h, or 266i
occurs in more than one jurisdictional territory, the jurisdiction of
any  one  of those offenses, and  for 
 of  any offenses properly joinable with that offense,
 is   shall be  in any jurisdiction where
at least one of the offenses occurred, subject to a hearing pursuant
to Section 954, within the jurisdiction of the proposed trial. At the
Section 954 hearing, the prosecution shall present written evidence
that all district attorneys in counties with jurisdiction of the
offenses agree to the venue. Charged offenses from jurisdictions
 where there is no   that do not have a 
written agreement from the district attorney shall be returned to
that jurisdiction. In 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.