BILL NUMBER: SB 939	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2014

INTRODUCED BY   Senator Block
   (Coauthor: Senator Correa)

                        FEBRUARY 3, 2014

   An act to amend Section 784.7 of  , and to repeal Section
784.8 of,  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. 
   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 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. 
   (b)  
   If 
    (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 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.
   SEC. 2.    Section 784.8 of the   Penal Code
  is repealed.  
   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. 
                                                    ____ CORRECTIONS
Text--Page 2.
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