BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Joseph L. Dunn, Chair
2005-2006 Regular Session
AB 220 A
Assembly Committee on Public Safety B
As Amended March 30, 2005
Hearing Date: June 7, 2005 2
Code of Civil Procedure; Family Code; 2
Penal Code 0
GMO
SUBJECT
Domestic Violence
DESCRIPTION
This bill would amend various statutes that reference
"battered woman syndrome" to instead refer to "intimate
partner battering and its effects."
BACKGROUND
SB 1385 (Burton, Chapter 609, Statutes of 2004) changed the
reference to "battered woman syndrome" to "intimate partner
battering and its effects" in Evidence Code 1107.
Section 1107 allows expert testimony on "battered woman's
syndrome"in any criminal action.
AB 220 is a clean-up bill to SB 1385 and changes the
remaining references in the codes from "battered woman
syndrome" to "intimate partner battering and its effects."
CHANGES TO EXISTING LAW
Existing law provides that in any 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
(more)
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occurrence of the act or acts of abuse which form the basis
of the criminal charge. [Evidence Code 1107]
This bill would change the reference to "battered woman
syndrome" to "intimate partner battering" in the following
statutes:
(1) Penal Code 4801, which permits the Board of Prison
Terms to consider evidence that the defendant suffered from
battered woman syndrome at the time the crime was
committed;
(2) Penal Code 5075.5, which requires training in the
battered woman syndrome for commissioners and deputy
commissioners who conduct hearings to consider the parole
suitability of prisoners or the setting of a parole date;
(3) Penal Code 13823.93, which enumerates the functions
of a hospital-based training center that trains medical
personnel on medical evidentiary examinations for child
abuse or neglect, sexual assault, domestic violence, elder
abuse, and abuse or assault perpetrated on persons with
disabilities;
(4) Family Code 3030, which prohibits a court from
granting custody of a child to a person convicted of murder
in the first degree and the victim of the murder was the
other parent of the child, unless the court finds, on
evidence including expert testimony on the battered woman
syndrome, that there is no risk to the child's health and
welfare; and
(5) Penal Code 340.3, which bars a civil action against
a person convicted of murder or attempted murder and
paroled based on evidence presented to the Board of Prison
Terms that the defendant was a victim of battered woman's
syndrome, or a person convicted of murder or attempted
murder in the second degree where substantial evidence was
presented at trial that the person committed the crime
because he or she was a victim of battered woman's
syndrome.
COMMENT
1. Need for the bill
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In enacting SB 1385, the Legislature recognized the
findings made in the latest studies on domestic violence:
that "intimate partner battering and its effects" more
accurately reflects the breadth and depth of this
societal problem. This bill would finish the transition
from the use of the "battered woman syndrome" phrase in
the context of expert testimony on this condition to the
use of "intimate partner battering and its effects."
2. Use of "intimate battering and its effects" is
supported by studies
According to the author, 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.
A 1998 study by the National Coalition of Anti-Violence
Programs found that 57% of domestic abuse cases reported
in Los Angeles, San Francisco, and San Diego involved gay
men. Also, according to the Criminal Justice Statistics
Center of the Department of Justice, 20% of Californians
killed by domestic violence in 2002 were heterosexual
men.
Proponents state that by using the new term "intimate
partner battering" consistently throughout the codes,
public discourse will be shifted away from the outdated
language to more accurately reflect the results of the
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more recent studies on domestic violence. "California
has been on the cutting edge regarding recognition and
acceptance of the impact of intimate partner battering on
future conduct. AB 220 continues to place California on
the forefront by acknowledging that a change of language
can and will improve our understanding of the terrible
impact that intimate partner battering perpetrates. AB
220 provides a simple remedy to a significant issue."
[Letter from Rocky Delgadillo, Los Angeles City Attorney,
dated May 19, 2005.]
3. Conflicts to be noted
Legislative Counsel has identified three bills that amend
the various code sections that AB 220 would also amend:
SB 180 (Kuehl), SB 544 (Battin), and SB 594 (Torlakson).
Double-jointing amendments would be needed to avoid
chaptering out problems.
Support: California Alliance Against Domestic Violence;
California Attorneys for Criminal Justice; Junior
Leagues of California, State Public Affairs
Committee; Lambda Letters Project; American
Federation of State, County, and Municipal
Employees, AFL-CIO (AFSCME); California Public
Defenders Association; Rocky Delgadillo, Los Angeles
City Attorney; California Commission on the Status
of Women; eight individuals
Opposition: None Known
HISTORY
Source: Free Battered Women
Related Pending Legislation: None Known
Prior Legislation: SB 1385 (Burton, Ch.609, Stats. 2004)
See Background.
Prior Vote: Asm. Public Safety (Ayes 6, Noes 0)
Asm. Jud. (Ayes 7, Noes 1)
Asm. Flr. (Ayes 58, Noes 12)
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