BILL ANALYSIS Ó AB 593 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 593 (Ma) As Amended May 21, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |55-20|(January 30, |SENATE: |38-0 |(August 21, | | | |2012) | | |2012) | ----------------------------------------------------------------- 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 : AB 593 Page 2 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 AB 593 Page 3 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 FN: 0004061 AB 593 Page 4