BILL NUMBER: SB 1385 CHAPTERED 09/20/04 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.