SECTIONS 1033-1038 - California Statutes

PENAL CODE

SECTION 1033-1038

1033. 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. 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. 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. (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. 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. 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. (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. (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. (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. The Judicial Council shall adopt rules of practice and
procedure for the change of venue in criminal actions.