California Legislature—2015–16 Regular Session

Assembly Bill No. 1708

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, begin delete is end delete begin insert shall be end insert 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 begin delete where there is no end delete begin insert that do not have a end insert 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 begin insert one end insert of those begin delete offenses end delete begin insert offenses, end insert and begin delete for end delete begin insert of end insert any offenses
properly joinable with that offense, begin delete is end delete begin insert shall be end insert 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 begin insert one end insert of those offenses, and begin delete for end delete begin insert of end insert any offenses properly joinable
with that offense, begin delete is end delete begin insert shall be end insert 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 begin delete where
there is no end delete begin insert that do not have a end insert 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.