Amended in Senate April 2, 2014

Senate Bill No. 939

Introduced by Senator Block

(Coauthor: Senator Correa)

February 3, 2014

An act to amend Section 784.7 of begin insert , and to repeal Section 784.8 of, end insert the Penal Code, relating to criminal jurisdiction.

LEGISLATIVE COUNSEL’S DIGEST

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.

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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.

end insert begin insert

This bill would delete these provisions.

end insert

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 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
evidence in writing that all district attorneys in counties with
jurisdiction of the offenses agree to the venue. Charged offenses
from jurisdictions where there is no written agreement from the
district attorney shall be returned to that jurisdiction.

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(b)

end delete begin delete end delete begin delete

If

end delete

begin insert (b) end insert   begin insert If end insert 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 of those offenses and for any offenses properly joinable
with that offense, is 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 of those offenses, and for any offenses properly joinable with
that offense, is 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 evidence in writing that all district
attorneys in counties with jurisdiction of the offenses agree to the
venue. Charged offenses from jurisdictions where there is no
written agreement from the district attorney shall be returned to
that jurisdiction.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 784.8 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

784.8.  

When charges alleging multiple violations of Section
236.1 that involve the same victim or victims in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court 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 filing the complaint shall
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. 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.

end delete

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CORRECTIONS:

Text--Page 2.

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