BILL NUMBER: SB 784	CHAPTERED  07/28/03

	CHAPTER  136
	FILED WITH SECRETARY OF STATE  JULY 28, 2003
	APPROVED BY GOVERNOR  JULY 27, 2003
	PASSED THE ASSEMBLY  JULY 17, 2003
	PASSED THE SENATE  APRIL 10, 2003

INTRODUCED BY   Senator Karnette

                        FEBRUARY 21, 2003

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 784, Karnette.  Battered women's syndrome:  writ of habeas
corpus.
   Existing law, effective only until January 1, 2005, as specified,
provides that a writ of habeas corpus may be prosecuted to inquire
into 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. Under these circumstances,
existing law authorizes a court to take certain actions, including
ordering a new trial or reversing a conviction.
   This bill would provide that these provisions would instead remain
in effect until January 1, 2010.


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


  SECTION 1.  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 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,
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.