786
. (a) If property taken in one jurisdictional territory by
burglary, carjacking, robbery, theft, or embezzlement has been
brought into another, or when property is received in one
jurisdictional territory with the knowledge that it has been stolen
or embezzled and the property was stolen or embezzled in another
jurisdictional territory, the jurisdiction of the offense is in any
competent court within either jurisdictional territory, or any
contiguous jurisdictional territory if the arrest is made within the
contiguous territory, the prosecution secures on the record the
defendant's knowing, voluntary, and intelligent waiver of the right
of vicinage, and the defendant is charged with one or more property
crimes in the arresting territory.
(b) (1) The jurisdiction of a criminal action for unauthorized
use, retention, or transfer of personal identifying information, as
defined in subdivision (b) of Section 530.55, shall also include the
county where the theft of the personal identifying information
occurred, the county in which the victim resided at the time the
offense was committed, or the county where the information was used
for an illegal purpose. If multiple offenses of unauthorized use of
personal identifying information, either all involving the same
defendant or defendants and the same personal identifying information
belonging to the one person, or all involving the same defendant or
defendants and the same scheme or substantially similar activity,
occur in multiple jurisdictions, then any of those jurisdictions is a
proper jurisdiction for all of the offenses. Jurisdiction also
extends to all associated offenses connected together in their
commission to the underlying identity theft offense or identity theft
offenses.
(2) When charges alleging multiple offenses of unauthorized use of
personal identifying information occurring in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court shall hold a hearing to consider whether the matter should
proceed in the county of filing, or whether one or more counts should
be severed. The district attorney filing the complaint shall 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. 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,
whether or not the offenses involved substantially similar activity
or the same scheme, the rights of the defendant and the people, and
the convenience of, or hardship to, the victim and witnesses.
(3) When an action for unauthorized use, retention, or transfer of
personal identifying information is filed in the county in which the
victim resided at the time the offense was committed, and no other
basis for the jurisdiction applies, the court, upon its own motion or
the motion of the defendant, shall hold a hearing to determine
whether the county of the victim's residence is the proper venue for
trial of the case. In ruling on the matter, the court shall consider
the rights of the parties, the access of the parties to evidence, the
convenience to witnesses, and the interests of justice.
(c) (1) The jurisdiction of a criminal action for conduct
specified in paragraph (4) of subdivision (j) of Section 647 shall
also include the county in which the offense occurred, the county in
which the victim resided at the time the offense was committed, or
the county in which the intimate image was used for an illegal
purpose. If multiple offenses of unauthorized distribution of an
intimate image, either all involving the same defendant or defendants
and the same intimate image belonging to the one person, or all
involving the same defendant or defendants and the same scheme or
substantially similar activity, occur in multiple jurisdictions, then
any of those jurisdictions is a proper jurisdiction for all of the
offenses. Jurisdiction also extends to all associated offenses
connected together in their commission to the underlying unauthorized
distribution of an intimate image.
(2) When charges alleging multiple offenses of unauthorized
distribution of an intimate image occurring in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court shall hold a hearing to consider whether the matter should
proceed in the county of filing, or whether one or more counts should
be severed. The district attorney filing the complaint shall 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. 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,
whether the offenses involved substantially similar activity or the
same scheme, the rights of the defendant and the people, and the
convenience of, or hardship to, the victim and witnesses.
(3) When an action for unauthorized distribution of an intimate
image is filed in the county in which the victim resided at the time
the offense was committed, and no other basis for the jurisdiction
applies, the court, upon its own motion or the motion of the
defendant, shall hold a hearing to determine whether the county of
the victim's residence is the proper venue for trial of the case. In
ruling on the matter, the court shall consider the rights of the
parties, the access of the parties to evidence, the convenience to
witnesses, and the interests of justice.
(d) This section does not alter victims' rights under Section
530.6.