BILL ANALYSIS SB 469 Page 1 Date of Hearing: June 23, 1998 Counsel: Cassandra Knight ASSEMBLY COMMITTEE ON PUBLIC SAFETY Don Perata, Chair SB 469 (Rainey) - As Amended: June 17, 1998 SUMMARY : Provides that in a multiple murder special circumstance case, the jurisdiction for any of the murders charged is the county that has jurisdiction for one or more of the murders as long as the charged murders are "connected together in their commission." EXISTING LAW provides that: 1) "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed." (Sixth Amendment, United States Constitution.) 2) When a public offense is committed in more than one jurisdiction or the plan for the public offense occurs in more than one jurisdiction, the jurisdiction of the offense is in any of the counties where part of the offense occurred or was planned. (Penal Code (PC) Section 781.) 3) The jurisdiction of a criminal action for murder or manslaughter is in the county where the fatal injury was inflicted, or the county in which the injured party died or in the county in which his/her body was found. (PC Section 790.) 4) An accusatory pleading may charge two or more different offenses connected together in their commission, or two or more different offenses of the same class of crimes; and if two or more pleadings are filed in such cases in the same court, the court may order them to be consolidated. (PC Section 954.) 5) A special circumstance for murder in the first degree exists when the defendant, in the same proceeding, has been convicted of more than one offense of murder in the first or second degree, punishable by death or imprisonment in the state prison for life without the possibility of parole. (PC Section 190.2(a)(3).) COMMENTS : 1) Author's Statement . According to the author, "Serial killers who go on brutal killing rampages do so without consideration of county lines. However, under current law, if a serial killer commits murder in more than one county, he must be tried separately in each jurisdiction. This results in astronomical and unnecessary costs for both prosecutors and defendants. In addition to the waste of public resources, it is unfair to victims' families who must testify repeatedly about the same crime in different trials. SB 469 Page 2 "Senate Bill 469 would allow for the consolidation of murder charges into a single trial for serial killers who are charged with murder in more than one county as long as the murders are connected in their commission. This bill would alleviate the fiscal burden of redundant trials and lessen the emotional strain on victims. "Recent multiple-county murder defendants include 'The Freeway Killer' (William Bonin), 'The Night Stalker' (Richard Ramirez), and 'The Trailside Killer' (David Carpenter)." 2) Jurisdiction under this bill . Under existing law, if a series of murders occurs, each murder must be tried in a county which meets the jurisdiction requirements in PC sections 781 and 790. This bill provides that if a defendant is charged with the special circumstance of multiple murders, the jurisdiction for the trial can be any of the counties which would have been the proper jurisdiction for the trial of any of the murders. 3) Vicinage . The Sixth Amendment of the United States Constitution guarantees a defendant the right to jury trial by vicinage. The California Constitution does not contain an explicit vicinage requirement, but nonetheless it has been found to provide an independent guarantee of the right to a jury drawn from the vicinage. The concept of vicinage is distinct from the concept of venue. While venue refers to the location where the trial is held, vicinage refers to the area from which the jury pool is drawn. (See People v. Guzman (1988) 45 Cal.3d 915, 934.) "The concept of vicinage was interpreted so strictly at common law that, where a crime was committed partly in one county and partly in another, it was not prosecutable at all. The Sixth Amendment provides greater flexibility; and statutes...have broadened jurisdiction beyond the rigid common law limits." (Witkin and Epstein, California Criminal Law 2d , Section 2643.) In recent cases, the concept of vicinage has been broadly interpreted to provide the right to a trial within a district but not necessarily within a division of a district. 4) "Connected Together in Their Commission." The author noted the argument that courts have interpreted the PC Section 954 phrase "connected together in their commission" to include offenses that do not relate to the same transaction and were committed at different times and places against different victims. ( People v. Poon (1981) 125 Cal.App.3d 55, 68.) However, the California Supreme Court held that joinder of distinct offenses is permissible only where there is "a common element of importance in their commission." ( People v. Pike (1962) 58 Cal.2d 70.) SB 469 Page 3 The author states that this bill invokes only the "connected together in their commission" element of PC Section 954 and not the "same class of crimes" element in an attempt to narrow the application to appropriate multiple murder special circumstance cases. Under this bill, a defendant could meet the requirements necessary to have all cases brought to one county, but the charged cases still may not be suitable for joinder. Therefore, there would be separate trials for each offense even though the trials would be in the same county. Would the author's objectives of saving money or sparing the witnesses from testifying multiple times be met under this scenario? The author states that existing law is very clear that even where the statutory requirements for joinder are met, prejudice to the defendant may require severance of the cases. "Refusal to sever may be an abuse of discretion where: (1) evidence on the crimes to be jointly tried would not be cross-admissible in separate trials; (2) certain charges are unusually likely to inflame the jury against the defendant; (3) a 'weak' case has been joined with a 'strong' case or with another 'weak' case, so that the spillover effect of aggregate evidence on several charges might well alter the outcome of some or all of the charges; and (4) any one of the charges carries the death penalty or joinder of them turns the matter into a capital case." ( People v. Bradford (1997) 15 Cal.4th 1229, 1315.) The author argues this bill incorporates the case law of joinder to accomplish the dual goals of judicial economy and fairness to the defendant by consolidating multiple murder special circumstance trials in one county where appropriate. 5) Senate Committee on Public Safety . After extensive hearings by the Senate Committee on Public Safety, this bill was amended to include language that the "jurisdiction for any charged murder...shall be in any county that has jurisdiction...for one or more of the charged murders if evidence of one or more of the charged murders would be admissible in separate trials of the other charged murders pursuant to subdivision (b) of Section 1101 of the Evidence Code." In its current form, deleted from this bill is the language from and reference to Evidence Code Section 1101(b). Now the bill refers to charged murders that are "connected together in their commission" as is found in PC Section 954. 6) Argument in Support . The Los Angeles County District Attorney's Office writes, "[The] office has reviewed the proposed amendment to SB 469.... In most, if not all, cases of murder, the evidence which causes the murders to be "connected in their commission" will also support an argument that some preliminary planning activity or other overt acts occurred in the county where the murders are being charged, thus overcoming a vicinage objection. ( People v. Campbell (1991) 230 Cal.App.3d 1432, 1447.) Viewed in this light, the amendment can be said to codify SB 469 Page 4 existing case law allowing joinder of crimes committed in separate counties." 7) Argument in Opposition . California Attorneys for Criminal Justice writes, "Creating jurisdiction for any murder by a defendant in a county where that same defendant is charged with another murder is an expensive and unnecessary step that will, in some cases, result in unfairness to the defendant. Prosecutors should not be able to 'forum shop' to have a defendant tried for a murder committed in one county in another county where the prosecution believes it will be more likely to get a conviction, or the death penalty. Moreover, allowing all of the trials to be held in one county will in many cases result in enormous expense to the state, as witnesses for both defense and prosecution will have to be moved to and put up in the county of trial. "Under existing law, multiple murder cases in different counties are subject to joinder where appropriate. We believe that existing law provides appropriate protections for the interests of both the defense and prosecution in these cases." REGISTERED SUPPORT/OPPOSITION : Support California District Attorneys Association (Sponsor) Attorney General's Office Los Angeles County District Attorney's Office California Peace Officers' Association California Police Chiefs' Association California State Sheriffs' Association Doris Tate Crime Victims Bureau Sherman Block, Sheriff of Los Angeles County Arthur Danner III, District Attorney, Santa Cruz County Bryan Brown, Supervising Deputy District Attorney, Orange County Jerry R. Herman, District Attorney of Marin County 2 Private Citizens Opposition California Attorneys for Criminal Justice American Civil Liberties Union Analysis prepared by : Cassandra Knight / apubs / (916) 319-3744