BILL ANALYSIS �
AB 593
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Date of Hearing: April 26, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 593 (Ma) - As Amended: March 31, 2011
SUMMARY : Deletes the January 1, 2011 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.
EXISTING LAW :
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 murder
conviction, 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. �Penal
Code Section 1473.5(a).]
2)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. �Penal Code
Section 1473.5(e).]
3)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. (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
AB 593
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such imprisonment or restraint. �Penal Code Section 1473(a).]
5)States 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 on the issue of guilt, or punishment was
introduced against a person at any hearing or trial
relating to his 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 which 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)Requires the Board of Prison Terms (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
had experienced intimate partner battering and was convicted
of the offense prior to this defense being recognized,
�Penal Code Section 4801(b).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : 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."
AB 593
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2)Prior Legislation :
a) AB 2306 (Karnette), Chapter 146, Statues of 2008,
extends the sunset date from
January 1, 2010 to January 1, 2020 on provisions of law
allowing a writ of habeas corpus to be prosecuted on
grounds that evidence relating to battered women's syndrome
(BWS) was not introduced at the trial, thereby affecting
the outcome of the trial.
b) SB 1385(Burton), Chapter 609, Statutes of 2004, replaced
the term "battered women's syndrome" with the phrase
"intimate partner battering and its effects."
c) SB 784 (Karnette), Chapter 136, Statutes of 2003,
extends from January 1, 2005 to January 1, 2010, the sunset
date of allowing a writ of habeas corpus to be prosecuted
on the grounds that evidence relating to BWS was not
introduced at the trial, thereby affecting the outcome of
the case.
d) SB 799 (Karnette), Chapter 858, Statutes of 2001, allows
a writ of habeas corpus to be prosecuted on the grounds
that evidence relating to BWS was not introduced at the
trial, thereby affecting the outcome of the case.
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorneys for Criminal Justice
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744