BILL NUMBER: SB 799	CHAPTERED  10/13/01

	CHAPTER  858
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 10, 2001
	AMENDED IN ASSEMBLY  JUNE 18, 2001

INTRODUCED BY   Senator Karnette
   (Coauthor:  Senator Polanco)

                        FEBRUARY 23, 2001

   An act to add and repeal Section 1473.5 of the Penal Code,
relating to battered women's syndrome.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 799, Karnette.  Battered women's syndrome:  writ of habeas
corpus.
   Existing law specifies circumstances under which a writ of habeas
corpus may be prosecuted to inquire into the cause of a person's
imprisonment.
   This bill would include within those circumstances the fact that
evidence relating to battered women's syndrome, based on abuse
committed on the perpetrator of a homicide by the victim of the
homicide, was not introduced at trial, and, had it been introduced,
there is a reasonable probability that the result of the proceedings
would have been different.  The bill would specify that provisions
authorizing a court to take certain actions, including ordering a new
trial or reversing a conviction, would apply to these provisions.
This bill would also provide that it is grounds for denial of a
petition if a petitioner filed a petition prior to the effective date
of these provisions and a court determined on the merits that the
omission of evidence relating to battered woman's syndrome at trial
was not prejudicial and did not entitle the petitioner to habeas
relief.  The bill would also specify that its provisions are limited
to murder convictions resulting from pleas entered, or trials
commenced, before January 1, 1992, and would be repealed as of
January 1, 2005.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1473.5 is added to the Penal Code, to read:
   1473.5.  (a) A writ of habeas corpus also may be prosecuted on the
basis that evidence relating to battered women's syndrome, within
the meaning of Section 1107 of the Evidence Code, based on abuse
committed on the perpetrator of a homicide by the victim of that
homicide, was not introduced at the trial relating to the prisoner's
incarceration, and is of such substance that, had it been introduced,
there is a reasonable probability, sufficient to undermine
confidence in the judgment of conviction, that the result of the
proceedings would have been different.  Sections 1260 to 1262,
inclusive, apply to the prosecution of a writ of habeas corpus
pursuant to this section.
   (b) This section is limited to judgments of conviction for a
violation of Section 187 resulting from a plea entered, or a trial
commenced, before January 1, 1992.
   (c) If a petitioner for habeas corpus under this section filed a
petition for writ of habeas corpus prior to the effective date of
this section, it is grounds for denial of the new petition if a court
determined on the merits in the prior petition that the omission of
evidence relating to battered woman's syndrome at trial was not
prejudicial and did not entitle the petitioner to the writ of habeas
corpus.
   (d) This section shall remain in effect only until January 1,
2005,and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2005, deletes or extends that
date.