BILL ANALYSIS
AB 220
Page 1
ASSEMBLY THIRD READING
AB 220 (Public Safety)
As Introduced February 3, 2005
Majority vote
PUBLIC SAFETY 6-0 JUDICIARY 7-1
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|Ayes:|Leno, Cohn, Dymally, |Ayes:|Jones, Harman, Evans, |
| |Goldberg, Hancock, | |Laird, Levine, Lieber, |
| |Spitzer | |Monta?ez |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Haynes |
| | | | |
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SUMMARY : Changes references in various code sections from
"battered woman's syndrome" (BWS) to "intimate partner battering
and its effects" (IPB).
EXISTING LAW provides that:
1)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.
2)Provisions of law that authorize a writ of habeas corpus based
on IPB shall remain in effect only until January 1, 2010.
3)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.
FISCAL EFFECT : None
AB 220
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COMMENTS : 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 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."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744
AB 220
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FN: 0009594