BILL ANALYSIS �
AB 593
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CONCURRENCE IN SENATE AMENDMENTS
AB 593 (Ma)
As Amended May 21, 2012
Majority vote
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|ASSEMBLY: |55-20|(January 30, |SENATE: |38-0 |(August 21, |
| | |2012) | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Deletes the January 1, 2020, repeal date on provisions of
law that allow a writ of habeas corpus to be prosecuted on the
grounds that testimony relating to intimate partner battering and
its effects was not presented during the trial court proceedings,
thereby affecting the outcome of the trial.
The Senate amendments :
1) Provide that a writ of habeas corpus may be prosecuted on
the basis that competent and substantial expert testimony
relating to intimate partner battering and its effects was not
presented to the trier of fact at the trial court proceedings.
2) Clarify that the expert testimony must be of such substance
that, had the competent and substantial expert testimony been
presented, there is a reasonable probability, sufficient to
undermine confidence in the judgment of conviction or sentence,
that the result of the trial proceedings would have been
different.
3) Provide that if expert testimony relating to intimate
partner battering and its effects was presented at trial but
the testimony was not competent or substantial, a petitioner is
not barred from having his or her petition for writ of habeas
corpus granted.
4) Place the burden of proof on the petitioner to establish a
sufficient showing that competent and substantial expert
testimony was not presented to the trier of fact, and had that
evidence been presented, there is a reasonable probability that
the result of the proceedings would have been different.
EXISTING LAW :
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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 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
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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.
AS PASSED BY THE ASSEMBLY , this bill deleted 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. Expanded 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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
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: 0004061
AB 593
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