BILL ANALYSIS
AB 220
Page 1
Date of Hearing: April 5, 2005
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 220 (Committee on Public Safety) - As Amended: March 30,
2005
SUBJECT : DOMESTIC VIOLENCE: INTIMATE PARTNER BATTERING
KEY ISSUE : FOR CONSISTENCY WITHIN THE CODES, SHOULD THE TERM
"BATTERED WOMEN'S SYNDROME" BE CHANGED TO "INTIMATE PARTNER
BATTERING" IN SECTIONS OF THE PENAL CODE, FAMILY CODE, AND CODE
OF CIVIL PROCEDURE?
SYNOPSIS
Last year, the Legislature passed SB 1385 which changed the
terminology of "battered women's syndrome" to "intimate partner
battering and its effects." This non-controversial bill seeks
to clean-up and standardize the definition of "intimate partner
battering and its effects" in other California code sections
which still refer to battered women's syndrome. According to
the author, these changes are needed because "intimate partner
battering" eliminates the pejorative term "battered women,"
reduces some of the stigma for victims, includes men and
same-sex partners within the definition of victims, thereby
allowing more victims to claim the defense at trial, and gives
the same protections to these victims in petitioning for parole,
seeking child custody, and defending against civil litigation.
These changes also help ensure uniformity throughout the
California Codes.
SUMMARY : Changes the term "battered women's syndrome" to
"intimate partner battering and its effects" in the Penal Code,
Family Code, and Code of Civil Procedure.
EXISTING LAW :
1)Provides that 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
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the basis of the criminal charge. (Evidence Code section
1107.)
2)Requires the Board of Prison Terms, in considering a
prisoner's suitability for parole, to consider any evidence
that, at the time of the commission of the crime, the prisoner
had suffered from battered women's syndrome. (Penal Code
section 4801.)
3)Requires all commissioners and deputy commissioners who
conduct hearings for the purpose of considering the parole
suitability of prisoners or the setting of a parole release
date for prisoners to receive initial training on domestic
violence cases and battered women's syndrome. (Penal Code
section 5075.5.)
4)Provides that at a hospital training center for medical
personnel, there shall be experts who provide training in the
dynamics of victimization, including, but not limited to, rape
trauma syndrome, battered woman syndrome, the effects of child
abuse and neglect, and the various aspects of elder abuse.
(Penal Code section 13823.9.)
5)Prohibits child custody from being granted to a parent who is
convicted of first degree murder if the victim was the other
parent of the child. However, the court may consider
testimony of a qualified expert witness that the convicted
parent suffered the effects of battered women's syndrome.
(Family Code section 3030.)
6)Prohibits the filing of a civil action against a defendant
convicted of murder (or paroled from such a conviction) where
there is evidence that the defendant was suffering the effects
of battered women's syndrome. (Code of Civil Procedure
section 340.3.)
FISCAL EFFECT : As currently in print, this bill is keyed
non-fiscal.
COMMENTS : Last year, SB 1385 (Burton), Chapter 609, Statutes
of 2004 amended the Evidence Code to change the term battered
women's syndrome to intimate partner battering. This bill is
intended to clean-up the language in other California Code
sections that continue to use the term battered women's
syndrome. The author states that:
AB 220
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Many researchers, advocates, and experts on domestic
violence have developed critiques about how the term
"Battered Women's Syndrome" is not helpful to survivors of
battering, including that it: 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 "Battered Women's Syndrome" defense,
among other critiques.
The amendments would not substantively alter the intent or
content of the law affected. Rather, the amendments simply
ensure that all sections of the California Code reflect the
changes found in the updated Evidence Code 1107.
Consistency of language throughout the California Code will
help shift public discourse away from the outdated language
regarding "Battered Women's Syndrome" toward the more
current and accurate "intimate partner battering and its
effects." The proposed amendments require minimal or no
financial cost.
The Code sections amended here deal with eligibility for parole,
training procedures for hospital and parole personnel, custody
decisions for victims of battered women's syndrome and
prohibitions on civil litigation against victims of battered
women's syndrome. SB 1385 amended the Evidence Code to allow
these victims to claim the defense of intimate partner battering
at trial, and this bill amends the Code sections that allow
those same victims to claim the defense for parole and custody
proceedings and during civil litigation.
This bill would give consistency in training procedures and
protection in the areas described above. In addition, this bill
would ensure that all victims of battering, including male
victims and victims in same-sex relationships, would be
represented in the statutory definitions. As the author states,
this bill simply cleans-up the language to guarantee consistency
and accuracy throughout the Codes. A lack of uniformity in
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different Code sections could lead to confusion during later
proceedings, including parole, custody determinations and
establishing a defense against civil litigation.
Prior Legislation: SB 1385 (Burton), Chapter 609 of the
Statutes of 2004, changed the terminology of "battered women's
syndrome" to "intimate partner battering and its effects" in
Evidence Code Section 1307 and Penal Code section 1473.5. The
bill also expanded the class of people eligible to claim the
defense of intimate partner battering in a habeas corpus
petition.
REGISTERED SUPPORT / OPPOSITION :
Support
Free Battered Women (sponsor)
American Federal of State, County and Municipal Employees,
AFL-CIO
California Attorneys for Criminal Justice
Domestic Violence Policy and Law Working Group
Family Law Section of the State Bar
Lambda Letters Project
Four Individuals
Opposition
None on file.
Analysis Prepared by : Leora Gershenzon and Meredith Nixon /
JUD. / (916) 319-2334