California
AB2147
AB2147 - Criminal procedure: jurisdiction of public offenses.
Source: Congress.gov ·
723 words in original text
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Assembly Bill No. 2147 CHAPTER 73 An act to amend Section 784.7 of the Penal Code, relating to criminal procedure. [ Approved by Governor July 13, 2026. Filed with Secretary of State July 13, 2026. ] LEGISLATIVE COUNSEL'S DIGEST AB 2147, Schiavo. Criminal procedure: jurisdiction of public offenses. Existing law provides that if more than one violation of certain specified offenses, including, among others, sexual battery, occurs in more than one jurisdictional territory, and the defendant and the victim are the same for all of the offenses, jurisdiction for any of those offenses and any other properly joinable offenses may be in any jurisdiction where at least one of the offenses occurred. Existing law also provides that if more than one violation of certain other specified offenses occur in more than one jurisdictional territory, jurisdiction for any of those offenses and any other properly joinable offenses may be in any jurisdiction where at least one of the offenses occurred, regardless of whether the defendant and the victim are the same for all of the offenses. This bill would instead provide that the appropriate jurisdiction for more than one violation of sexual battery may be in any jurisdiction where at least one of the offenses occurred, without regard for whether all of the offenses have the same defendant and victim. The bill would also make that jurisdictional provision applicable if there is more than one violation of indecent exposure or of annoying or molesting a child. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text 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, 243.4, 261, 264.1, 269, 286, 287, 288, 288.5, 288.7, 289, 314, or 647.6, or former Section 262 or 288a 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 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. (b) If more than one violation of Section 261.5, 273a, 273.5, 646.9, or any crime of domestic violence as defined in subdivision (b) of Section 13700 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, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction. (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 in the jurisdiction of the proposed trial. At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue. Charged offenses from jurisdictions where there is not a 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.
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