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  
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   "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  
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   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  
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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