Loading chat...
CA AB593
Bill
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