BILL ANALYSIS �
AB 593
Page 1
ASSEMBLY THIRD READING
AB 593 (Ma)
As Amended January 5, 2012
Majority vote
PUBLIC SAFETY 4-1
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|Ayes:|Ammiano, Cedillo, | | |
| |Mitchell, Skinner | | |
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|-----+--------------------------+-----+--------------------------|
|Nays:|Knight | | |
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SUMMARY : Deletes the January 1, 2020, 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. Expands eligibility for the
current writ of habeas corpus to include petitioners who were
allowed to introduce evidence relating to intimate partner
battering and its effects at the trial court proceedings but was
limited, and this evidence is of such substance that had it not
been limited there is a reasonable probability, sufficient to
undermine the confidence in the judgment of conviction, that the
result of the proceedings would have been different.
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 conviction of a
violent felony, as defined, 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.
2)Provides that a petitioner's previous filing for habeas corpus
under this section is grounds for denial of the new petition
if a court determined on the merits in the prior petition that
the omission of expert testimony relating to battered women's
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syndrome or intimate partner battering and its effects at
trial was not prejudicial and did not entitle the petitioner
to the writ of habeas corpus.
3)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.
4)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.
5)Provides that the court in its discretion may exclude evidence
if its probative value is substantially outweighed by the
probability that its admission will necessitate undue
consumption of time or create substantial danger of undue
prejudice, of confusing the issues, or of misleading the jury.
6)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.
7)Provides 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 or her incarceration; and,
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
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Legislative Counsel.
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003003