Chapter 6 - Change of Venue

California Penal Code — §§ 1033-1038

Sections (10)

Amended by Stats. 1983, Ch. 562, Sec. 1.

In a criminal action pending in the superior court, the court shall order a change of venue:

(a)On motion of the defendant, to another county when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county. When a change of venue is ordered by the superior court, it shall be for the trial itself. All proceedings before trial shall occur in the county of original venue, except when it is evident that a particular proceeding must be heard by the judge who is to preside over the trial.

(b)On its own motion or on motion of any party, to an adjoining county when it appears as a result of the exhaustion of all of the jury panels called that it will be impossible to secure a jury to try the cause in the county.

§ 1033.1

Added by Stats. 1993, Ch. 837, Sec. 1. Effective October 6, 1993.

In any criminal action or proceeding in which the place of trial has been changed for any of the reasons set forth in Section 1033, the court, upon its own motion or upon the motion of any party, may return the action or proceeding to the original place of trial if both of the following conditions apply:

(a)The action or proceeding is pending before the court after reversal of the original judgment by the appellate court.

(b)The court finds that the conditions which originally required the order to change venue, as set forth in Section 1033, no longer apply. Prior to making such a finding, the court shall conduct a hearing, upon notice to all parties. At the hearing, the burden shall be on the prosecution to establish that the conditions which originally required the order to change venue no longer apply, unless the defendant and his or her attorney consent to the return of the action or proceeding to the original place of trial.

§ 1035

Amended by Stats. 2003, Ch. 449, Sec. 32. Effective January 1, 2004.

A defendant arrested, held, or present in a county other than that in which an indictment, information, felony complaint, or felony probation violation is pending against the defendant, may state in writing his or her agreement to plead guilty or nolo contendere to some or all of the pending charges, to waive trial or hearing in the county in which the pleading is pending, and to consent to disposition of the case in the county in which that defendant was arrested, held, or present, subject to the approval of the district attorney for each county. Upon receipt of the defendant’s statement and of the written approval of the district attorneys, the clerk of the court in which the pleading is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant is arrested, held, or present, and the prosecution shall continue in that county. However, the proceedings shall be limited solely to the purposes of plea and sentencing and not for trial. If, after the proceeding has been transferred pursuant to this section, the defendant pleads not guilty, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. The defendant’s statement that the defendant wishes to plead guilty or nolo contendere may not be used against the defendant.

§ 1036

Amended by Stats. 1987, Ch. 780, Sec. 1.

(a)Unless the court reserves jurisdiction to hear other pretrial motions, if a defendant is incarcerated and the court orders a change of venue to another county, the court shall direct the sheriff to deliver the defendant to the custody of the sheriff of the other county for the purpose of trial.

(b)If the defendant is incarcerated and the court orders that the jury be selected from the county to which the venue would otherwise have been transferred pursuant to Section 1036.7, the court shall direct the sheriff to deliver the defendant to the custody of the sheriff of that county for the purpose of jury selection.

§ 1036.5

Added by Stats. 1983, Ch. 947, Sec. 7.

Following the resolution of pre-trial motions, and prior to the issuance of an order under Section 1036 or the transmittal of the case file for the purpose of trial to the court to which venue has been ordered transferred, the court may, upon its own motion or the motion of any party and on appropriate notice to the court to which venue has been transferred, set aside its order to change venue on the ground that the conditions which originally required the order to change venue, as set forth in Section 1033 or 1034, no longer apply.

§ 1036.7

Added by Stats. 1987, Ch. 780, Sec. 2.

When a change of venue is ordered and the court, upon motion to transfer a jury or on its own motion and upon unanimous consent of all defendants, determines that it would be in the interests of the administration of justice to move the jury rather than to move the pending action, a change of venue may be accomplished by the selection of a jury in the county or judicial district to which the venue would otherwise have been transferred, and the selected jury shall be moved to the court in which the criminal action is pending.

§ 1037

Amended by Stats. 2005, Ch. 282, Sec. 1. Effective January 1, 2006.

(a)When a court orders a change of venue to a court in another county, all costs incurred by the receiving court or county, that are not payable pursuant to Section 4750, shall be paid by the transferring court or county as provided in Sections 1037.1 and 1037.2. Those costs may include, but are not limited to, the expenses for the following:

(1)The transfer, preparation, and trial of the action.

(2)The guarding, keeping, and transportation of the prisoner.

(3)Any appeal or other proceeding relating to the action.

(4)Execution of the sentence.

(b)The term “all costs” means all reasonable and necessary costs incurred by the receiving court or county as a result of the change of venue that would not have been incurred but for the change of venue. “All costs” does not include normal salaries, overhead, and other expenses that would have been incurred by the receiving court or county if it did not receive the trial.

§ 1037.1

Amended by Stats. 2007, Ch. 130, Sec. 192. Effective January 1, 2008.

(a)Change of venue costs, as defined in Section 1037, that are court operations, as defined in Section 77003 of the Government Code and Rule 10.810 of the California Rules of Court, shall be considered court costs to be charged against and paid by the transferring court to the receiving court.

(b)The Judicial Council shall adopt financial policies and procedures to ensure the timely payment of court costs pursuant to this section. The policies and procedures shall include, but are not limited to, both of the following:

(1)The requirement that courts approve a budget and a timeline for reimbursement before the beginning of the trial.

(2)A process for the Administrative Office of the Courts to mediate any disputes regarding costs between transferring and receiving courts.

(c)(1) The presiding judge of the transferring court, or his or her designee, shall authorize the payment for the reimbursement of court costs out of the court operations fund of the transferring court.

(2)Payments for the reimbursement of court costs shall be deposited into the court operations fund of the receiving court.

§ 1037.2

Amended by Stats. 2007, Ch. 130, Sec. 193. Effective January 1, 2008.

(a)Change of venue costs, as defined in Section 1037, that are incurred by the receiving county and not defined as court operations under Section 77003 of the Government Code or Rule 10.810 of the California Rules of Court shall be considered to be county costs to be paid by the transferring county to the receiving county. County costs include, but are not limited to, alterations, including all construction-related costs, to a courthouse made that only resulted from the transfer of the trial, rental of furniture or equipment that only resulted from the transfer of the trial, inmate transportation provided by the county sheriff from the jail to the courthouse, security of the inmate or other participants in the trial, unique or extraordinary costs for the extended storage and safekeeping of evidence related to the trial, rental of jury parking lot, jury parking lot security and related costs, security expenses incurred by the county sheriff or a contracted agency that resulted only from the transfer of the trial, and information services for the court, jury, public, or media.

(b)Transferring counties shall approve a budget and a timeline for the payment of county costs before the beginning of trial.

(c)Claims for the costs described in subdivision (a) shall be forwarded to the treasurer and auditor of the transferring county on a monthly basis. The treasurer shall pay the amount of county costs out of the general funds of the transferring county within 30 days of receiving the claim for costs from the receiving county.

(d)(1) The transferring court may, in its sound discretion, determine the reasonable and necessary costs under this section.

(2)The transferring court’s approval of costs shall become effective 10 days after the court has given written notice of the costs to the auditor of the transferring county.

(3)During the 10-day period specified in paragraph (2), the auditor of the transferring county may contest the costs approved by the transferring court.

(4)If the auditor of the transferring county fails to contest the costs within the 10-day period specified in paragraph (2), the transferring county shall be deemed to have waived the right to contest the imposition of these costs.

§ 1038

Amended by Stats. 2003, Ch. 449, Sec. 33. Effective January 1, 2004.

The Judicial Council shall adopt rules of practice and procedure for the change of venue in criminal actions.