BILL ANALYSIS
AB 220
Page 1
Date of Hearing: March 15, 2005
Counsel: Heather Hopkins
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 220 (Committee on Public Safety) - As Introduced: February
3, 2005
SUMMARY : Changes references in various code sections from
"battered woman's syndrome" (BWS) to "intimate partner battering
and its effects" (IPB).
EXISTING LAW :
1)Provides that a writ of habeas corpus may be sought on the
basis that evidence relating to IPB, as defined, was not
introduced at the trial court proceedings relating to the
prisoner's incarceration for a homicide conviction; and was 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. [Penal Code Section
1473.5(a).]
2)Provides that provisions of law that authorize a writ of
habeas corpus based on IPB shall remain in effect only until
January 1, 2010. [Penal Code Section 1473.5(e).]
3)Provides that in a criminal action, expert testimony is
admissible by either the prosecution or defense regarding IPB,
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. (Evidence Code
Section 1107.)
4)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. [Penal Code Section 1473(a).]
5)States that a writ of habeas corpus may be prosecuted for, but
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not limited to, the following reasons:
a) False evidence substantially material or probative on
the issue of guilt, or punishment was introduced against a
person at any hearing or trial relating to his or her
incarceration;
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 was a material factor directly related to the
plea of guilty by the person; and,
c) Any allegation that the prosecution knew, or should have
known, of the false nature of the evidence is immaterial to
the prosecution of a writ of habeas corpus. [Penal Code
Section 1473(b).]
6)States that nothing in this section shall be construed as
limiting the grounds for which a writ of habeas corpus may be
prosecuted or as precluding the use of any other remedies.
[Penal Code Section 1473(d).]
7)Provides that the Board of Prison Terms (BPT) may report to
the governor the names of any and all persons imprisoned in
any state person who ought to have a commutation of sentence
or be pardoned and set at liberty on account of good conduct,
unusual term of sentence, or any other cause, including
evidence of BWS. [Penal Code Section 4801(a).]
8)Requires the BPT, in considering a prisoner's suitability for
parole, to consider any evidence that, at the time of the
commission of the crime, the prisoner suffered from BWS.
[Penal Code Section 4801(b).]
9)Provides that commissioners and deputy commissioners who
conduct parole hearings must be trained in domestic violence
and BWS. (Penal Code Section 5075.5.)
10)Directs that health care providers be trained in the dynamics
of victimization, including BWS. [Penal Code Section
13923.93(d)(8).]
11)Provides that a court may consider expert testimony about BWS
when considering whether or not to grant custody to a parent
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convicted of murdering the other parent of the child who is
the subject of the order. (Family Code Section 3030.)
12)Precludes a civil action against a defendant based upon a
conviction for murder or attempted murder if the defendant
presented substantial evidence at trial that he or she was the
victim of BWS, or if the defendant's parole was granted due to
evidence of BWS that was presented to the BPT. (Civil
Procedure Code Section 340.3.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1385
(Burton), Chapter 609, Statutes of 2004, provides that the
language in Evidence Code Section 1107 will change from
allowing expert testimony regarding 'BWS' to allowing expert
testimony regarding 'IPB and its effects'. This change
reflects the statewide and national trend of replacing the
limited term 'BWS' with the more accurate "IPB and its
effects', which more fully describes the breadth and depth of
current understandings of domestic violence. This bill is
clean-up legislation to SB 1385, and changes the remaining
statutory references in the code to 'BWS' to 'IPB and its
effects'.
"Many researchers, advocates, and experts on domestic violence
have developed critiques about how the term 'BWS' is not
helpful to survivors of battering, including the term 'BWS'
pathologizes survivors of abuse; focuses on survivors'
behaviors and psychological responses, rather than on the
batterer's abuse; assumes all survivors experience and respond
to battering in the same way; excludes same-sex battering and
male victims of abuse; perpetuates harmful stereotypes about
survivors as passive and helpless; can be confused with a
mental defect/insanity defense, which contradicts arguments
that survivors of battering react reasonably to the abuse; and
contributes to the myth of a separate "BWS" defense, among
other critiques.
"This bill would not substantively alter the intent or content
of the law affected. Rather, this bill simply ensures that
all sections of the California Code reflect the changes found
in updated Evidence Code Section 1107. Sections affected
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include Penal Code Sections 4801, 5075.5, and 13823.93 and
Code of Civil Procedure Sections 3030 and 340.3.
"Consistency of language throughout the California Code will
help shift public discourse away from the outdated language
regarding 'BWS' toward the more current and accurate 'IPB and
its effects'. This bill requires minimal or no financial
cost."
2)Prior Legislation : SB 1385 (Burton), Chapter 609, Statutes of
2004, changed references in the Evidence and Penal Code of
"BWS" to "IPB and its effects."
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and
Municipal Employees
California Attorneys for Criminal Justice
Free Battered Women
Lambda Letters Project
Opposition
None on file
Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744