BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 593
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 593 (Ma)
        As Amended  May 21, 2012
        Majority vote
         
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        |ASSEMBLY:  |55-20|(January 30,    |SENATE: |38-0 |(August 21,    |
        |           |     |2012)           |        |     |2012)          |
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         Original Committee Reference:    PUB. S.  

         SUMMARY  :  Deletes the January 1, 2020, repeal date on provisions of 
        law that allow a writ of habeas corpus to be prosecuted on the 
        grounds that testimony relating to intimate partner battering and 
        its effects was not presented during the trial court proceedings, 
        thereby affecting the outcome of the trial.

         The Senate amendments  :

           1)   Provide that a writ of habeas corpus may be prosecuted on 
             the basis that competent and substantial expert testimony 
             relating to intimate partner battering and its effects was not 
             presented to the trier of fact at the trial court proceedings.

           2)   Clarify that the expert testimony must be of such substance 
             that, had the competent and substantial expert testimony been 
             presented, there is a reasonable probability, sufficient to 
             undermine confidence in the judgment of conviction or sentence, 
             that the result of the trial proceedings would have been 
             different.

           3)   Provide that if expert testimony relating to intimate 
             partner battering and its effects was presented at trial but 
             the testimony was not competent or substantial, a petitioner is 
             not barred from having his or her petition for writ of habeas 
             corpus granted.

           4)   Place the burden of proof on the petitioner to establish a 
             sufficient showing that competent and substantial expert 
             testimony was not presented to the trier of fact, and had that 
             evidence been presented, there is a reasonable probability that 
             the result of the proceedings would have been different.

         EXISTING LAW :








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        1)Provides that a writ of habeas corpus may be brought on the basis 
          that evidence relating to intimate partner battering and its 
          effects, as defined, was not introduced at the trial relating to 
          the prisoner's incarceration for a conviction of a violent felony, 
          as defined, and was 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.  

        2)Provides that a petitioner's previous filing for habeas corpus 
          under this section 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.  

        3)Provides that the section authorizing a writ of habeas corpus 
          based on intimate partner battering and its effects shall remain 
          in effect only until January 1, 2020.  

        4)Provides that in a criminal action expert testimony is admissible 
          by either the prosecution or 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 defendant to prove the occurrence of the act or acts of 
          abuse which form the basis of a criminal charge.  

        5)Provides that the court in its discretion may exclude evidence if 
          its probative value is substantially outweighed by the probability 
          that its admission will necessitate undue consumption of time or 
          create substantial danger of undue prejudice, of confusing the 
          issues, or of misleading the jury.  

        6)Provides that every person unlawfully imprisoned or restrained of 
          his or her liberty, under any pretense whatever, may prosecute a 
          writ of habeas corpus to inquire into the cause of such 
          imprisonment or restraint.  

        7)Provides that a writ of habeas corpus may be prosecuted for, but 
          not limited to, the following reasons:

           a)   False evidence that is substantially material or probative 








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             on the issue of guilt, or punishment was introduced against a 
             person at any hearing or trial relating to his or her 
             incarceration; and,

           b)   False physical evidence believed by a person to be factual, 
             material or probative on the issue of guilt, which was known by 
             the person at the time of entering a plea of guilty and which 
             was a material factor directly related to the plea of guilty by 
             the person.  
            
        AS PASSED BY THE ASSEMBLY  , this bill deleted the January 1, 2020, 
        repeal date on provisions of law that allow a writ of habeas corpus 
        to be prosecuted on grounds that evidence relating to intimate 
        partner battering and its effects was not introduced at the trial, 
        thereby affecting the outcome of the trial.  Expanded eligibility 
        for the current writ of habeas corpus to include petitioners who 
        were allowed to introduce evidence relating to intimate partner 
        battering and its effects at the trial court proceedings but was 
        limited, and this evidence is of such substance that had it not been 
        limited there is a reasonable probability, sufficient to undermine 
        the confidence in the judgment of conviction, that the result of the 
        proceedings would have been different.

         FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
        Legislative Counsel.

         COMMENTS  :  According to the author, "AB 593 seeks to delete the 
        January 1, 2020 sunset date of current law, which allows domestic 
        violence survivors convicted of 'violent' felonies to petition the 
        court for a retrial or reduced sentence by filing habeas corpus 
        petitions if expert testimony on intimate partner battering and its 
        effects was not considered at the time their case originally was 
        prosecuted."

        Please see the policy committee analysis for a full discussion of 
        this bill.
         

        Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


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                                                                AB 593
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