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CA AB593

Bill

Status

Passed

9/30/2012

Primary Sponsor

Fiona Ma

Click for details

Origin

State Assembly

2011-2012 Session

AI Summary

  • Makes provisions for habeas corpus writs based on intimate partner battering testimony operative indefinitely, removing the previous January 1, 2020 expiration date.

  • Allows habeas corpus petitions when competent and substantial expert testimony relating to intimate partner battering and its effects was not presented at trial, if there is a reasonable probability the result would have been different.

  • Applies only to violent felonies committed before August 29, 1996, where the conviction or sentence resulted from a plea or trial.

  • Clarifies that presenting non-competent or non-substantial battering testimony at trial does not bar a habeas corpus petition, with the burden of proof on the petitioner.

  • Denies new petitions if a prior court already determined on the merits that omission of such expert testimony was not prejudicial.

Legislative Description

Domestic violence: battering: recall and resentencing.

Last Action

Chaptered by Secretary of State - Chapter 803, Statutes of 2012.

9/30/2012

Committee Referrals

Public Safety2/16/2012
Rules1/31/2012
Public Safety3/31/2011

Full Bill Text

No bill text available