Bill Text: CA SB939 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Criminal jurisdiction.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 246, Statutes of 2014. [SB939 Detail]

Download: California-2013-SB939-Chaptered.html

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BILL NUMBER: SB 939	CHAPTERED
	BILL TEXT

	CHAPTER  246
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2014
	APPROVED BY GOVERNOR  AUGUST 22, 2014
	PASSED THE SENATE  AUGUST 11, 2014
	PASSED THE ASSEMBLY  JUNE 26, 2014
	AMENDED IN ASSEMBLY  JUNE 23, 2014
	AMENDED IN ASSEMBLY  MAY 21, 2014
	AMENDED IN SENATE  APRIL 2, 2014

INTRODUCED BY   Senator Block
   (Coauthors: Senators Anderson, Corbett, and Correa)
   (Coauthor: Assembly Member Bonta)

                        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, 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 add 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 reorganize these provisions.



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
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 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 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 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 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.
  SEC. 2.  Section 784.8 of the Penal Code is repealed.