BILL NUMBER: SB 1385 CHAPTERED
BILL TEXT
CHAPTER 609
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2004
APPROVED BY GOVERNOR SEPTEMBER 20, 2004
PASSED THE SENATE AUGUST 17, 2004
PASSED THE ASSEMBLY AUGUST 9, 2004
AMENDED IN ASSEMBLY JULY 1, 2004
AMENDED IN ASSEMBLY JUNE 17, 2004
AMENDED IN SENATE APRIL 13, 2004
AMENDED IN SENATE MARCH 22, 2004
INTRODUCED BY Senator Burton
(Principal coauthor: Senator Kuehl)
(Coauthor: Senator Romero)
(Coauthors: Assembly Members Dymally, Goldberg, Jackson, and
Leno)
FEBRUARY 18, 2004
An act to amend Section 1107 of the Evidence Code, and to amend
Section 1473.5 of the Penal Code, relating to battering.
LEGISLATIVE COUNSEL'S DIGEST
SB 1385, Burton. Battering and its effects.
Existing law permits the admission in criminal actions of expert
testimony regarding battered women's syndrome, including testimony on
the nature and effect of physical, emotional, or mental abuse on the
beliefs, perceptions, or behavior of victims of domestic violence,
as specified. Existing law defines terms for purposes of this law
and provides that these provisions shall be known and may be cited as
the Expert Witness Testimony on Battered Women's Experiences Section
of the Evidence Code.
This bill would instead make these provisions known and citable as
the Expert Witness Testimony on Intimate Partner Battering and Its
Effects Section of the Evidence Code, and would change all references
to "Battered Women's Syndrome" in that section to read "intimate
partner battering and its effects." It would also clarify the
definition of "domestic violence" as used in this provision. This
bill would also indicate that its amendments of these provisions are
not intended to impact existing decisional law, as specified.
Existing law, operative until January 1, 2010, includes among the
circumstances under which a writ of habeas corpus may be prosecuted
to inquire into the cause of a person's imprisonment 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, as specified. Specifically,
existing law authorizes this writ when the plea or the commencement
of the homicide trial predated January 1, 1992, and, had the evidence
of battered women's syndrome been introduced, there is a reasonable
probability that the result of the proceedings would have been
different.
The bill would provide that, instead of "evidence relating to
battered women's syndrome," "expert testimony relating to intimate
partner battering and its effects" would be the basis for this writ.
Furthermore, this bill would permit the writ to be prosecuted
concerning convictions for any violent felony offenses that were
committed before August 29, 1996, as to which expert testimony
admissible pursuant to Section 1107 of the Evidence Code may be
probative on the issue of culpability. It would also provide this
writ authority for the absence of expert testimony relating to
intimate partner battering at any trial court proceedings relating to
the prisoner's incarceration rather than only at the trial itself.
Existing law makes it grounds for denial of a new petition that a
court determined on the merits of a prior petition for a writ of
habeas corpus that the omission of evidence relating to battered
women's syndrome at trial was not prejudicial and did not entitle the
petitioner to the writ of habeas corpus.
This bill would instead permit this denial if the court found that
the omission of expert testimony relating to battered women's
syndrome or intimate partner battering and its effects at trial was
not prejudicial and did not entitle the petitioner to the writ of
habeas corpus. This bill would also state that its changes to the
writ provisions are not intended to expand the uses or applicability
of expert testimony on battering and its effects in criminal cases.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1107 of the Evidence Code is amended to read:
1107. (a) In a criminal action, expert testimony is admissible by
either the prosecution or the defense regarding intimate partner
battering and its effects, including the nature and effect of
physical, emotional, or mental abuse on the beliefs, perceptions, or
behavior of victims of domestic violence, except when offered against
a criminal defendant to prove the occurrence of the act or acts of
abuse which form the basis of the criminal charge.
(b) The foundation shall be sufficient for admission of this
expert testimony if the proponent of the evidence establishes its
relevancy and the proper qualifications of the expert witness.
Expert opinion testimony on intimate partner battering and its
effects shall not be considered a new scientific technique whose
reliability is unproven.
(c) For purposes of this section, "abuse" is defined in Section
6203 of the Family Code, and "domestic violence" is defined in
Section 6211 of the Family Code and may include acts defined in
Section 242, subdivision (e) of Section 243, Section 262, 273.5,
273.6, 422, or 653m of the Penal Code.
(d) This section is intended as a rule of evidence only and no
substantive change affecting the Penal Code is intended.
(e) This section shall be known, and may be cited, as the Expert
Witness Testimony on Intimate Partner Battering and Its Effects
Section of the Evidence Code.
(f) The changes in this section that become effective on January
1, 2005, are not intended to impact any existing decisional law
regarding this section, and that decisional law should apply equally
to this section as it refers to "intimate partner battering and its
effects" in place of "battered women's syndrome."
SEC. 2. Section 1473.5 of the Penal Code is amended to read:
1473.5. (a) A writ of habeas corpus also may be prosecuted on the
basis that expert testimony relating to intimate partner battering
and its effects, within the meaning of Section 1107 of the Evidence
Code, was not received in evidence at the trial court proceedings
relating to the prisoner's incarceration, and is of such substance
that, had it been received in evidence, 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. As
used in this section, "trial court proceedings" means those court
proceedings that occur from the time the accusatory pleading is
filed until and including judgment and sentence.
(b) This section is limited to violent felonies as specified in
subdivision (c) of Section 667.5 that were committed before August
29, 1996, and that resulted in judgments of conviction after a plea
or trial as to which expert testimony admissible pursuant to Section
1107 of the Evidence Code may be probative on the issue of
culpability.
(c) If a petitioner for habeas corpus under this section
previously filed a petition for writ of habeas corpus, it is grounds
for denial of the new petition if a court determined on the merits in
the prior petition that the omission of expert testimony relating to
battered women's syndrome or intimate partner battering and its
effects at trial was not prejudicial and did not entitle the
petitioner to the writ of habeas corpus.
(d) For purposes of this section, the changes that become
effective on January 1, 2005, are not intended to expand the uses or
applicability of expert testimony on battering and its effects that
were in effect immediately prior to that date in criminal cases.
(e) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.