Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL / CHAPTER 6. Change of Venue
California Codes

Cal. Penal Code § 1033 (2026)

Change of Venue

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 38 cases, 1952–2013 · leading case: People v. Manson, 61 Cal. App. 3d 102 (Cal. Ct. App. 1976).
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People v. Manson, 61 Cal. App. 3d 102 (Cal. Ct. App. 1976). · cites it 4× “[64] *176 On March 24, 1970, Krenwinkel and Manson moved for a change of venue (Pen. Code, § 1033). The evidence considered at that time included the exhibits heretofore mentioned and additional exhibits incorporated by reference to People v.”
People v. Superior Court (Ghilotti), 44 P.3d 949 (Cal. 2002). · cites it 2× “) We ourselves consistently have given a similar flexible interpretation to the statute requiring a change of venue in any criminal case where there is a "reasonabl[e] likel[ihood]" the defendant cannot otherwise receive a fair trial.”
Odle v. Superior Court, 654 P.2d 225 (Cal. 1982). · cites it 4× “" [3] The second opinion concluded that the continuing publicity was neither extensive nor inflammatory and that the facts of Martinez were "not even remotely similar to the case at bar" except that in each case the death penalty was sought by the prosecution.”
People v. Sully, 812 P.2d 163 (Cal. 1991). · cites it 2× “) Penal Code section 1033 provides in relevant part that "the court shall order a change of venue," "[o]n 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." ( Id.”
People v. Adcox, 763 P.2d 906 (Cal. 1988). · cites it 2× “To hold otherwise on the relatively meager showing made by defendant would be tantamount to a determination that the residents of this state's less populated counties cannot act as fair and impartial jurors in a capital trial. Such a determination would be unwarranted and…”
People v. Bonin, 758 P.2d 1217 (Cal. 1988). · cites it 2× “As we shall explain, none establishes reversible error. A. Denial of Motion for Change of Venue (1a) Defendant contends that the court erred when it denied a motion he made seeking a change of venue because of pretrial publicity.”
People v. Williams, 774 P.2d 146 (Cal. 1989). · cites it 2× “In directing the trial court to transfer the case for retrial, however, the majority fail to recognize that this is all we decide when resolving an appellant's claim of error in denying a motion for a change of venue.”
People v. Sanders, 905 P.2d 420 (Cal. 1995). “Penal Code section 1033, in relevant part, provides: “In a criminal action pending in the superior court, the court shall order a change of venue: [ JD (a) On motion of the defendant, to another county when it appears there is a reasonable likelihood that a fair and impartial…”
Hernandez v. Mun. Court, 781 P.2d 547 (Cal. 1989). · cites it 2× “(Pen. Code, §§ 1033, 1034.) [8] Criminal jurisdiction of the superior courts is, in part, set forth in Penal Code section 691, subdivision (c), which provides in relevant part: ".”
People v. Modesto, 398 P.2d 753 (Cal. 1965). · cites it 2× “(Pen. Code, § 1033.) He supported his motion with affidavits setting forth the extensive newspaper coverage of his first trial and this court's reversal of the judgment.”
Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin, California, 885 F.2d 1354 (9th Cir. 1989). “Following voir dire examination of the jury, Harris renewed his motion for a change of venue. The trial court denied the second motion.”
State v. Bradley, 461 N.W.2d 524 (Neb. 1990). “Cal. Penal Code § 1033 (West 1985). Other states, however, share our view.”
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Cal. Penal Code § 1033(a): 2 cases
Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin, California, 885 F.2d 1354 (9th Cir. 1989). “Following voir dire examination of the jury, Harris renewed his motion for a change of venue. The trial court denied the second motion.”
Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin, California, 852 F.2d 1546 (9th Cir. 1988).
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