HomeMy WebLinkAboutAB 593 - Victims of Domestic ViolenceCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE A LETTER
OF SUPPORT FOR AB 593 (MA).
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: February 23, 2012
CONTENTS: Recommended Letter of Support
Recommendation
By Minute Motion, approve the recommended letter of support for
AB 593 (Ma).
Committee Recommendation
On January 31, 2012, the Palm Desert Legislative Review Committee recommended
that the City Council approve a letter of support for AB 593 (Ma).
Background
Assembly Bill 593 (Ma seeks to clarify Penal Code 1473.5 to include the domestic
violence victims that were unintentionally denied their original writ of habeas corpus due
to limited expert testimony evidence.
In 1991, the Legislature enacted AB 785, which amends Evidence Code Section 1107
to allow expert testimony on Intimate Partner Battering and its Effects (IPB) to be
introduced as evidence in cases where battered women are charged with crimes related
to their experiences of being abused. IPB testimony was intended to educate juries
about domestic violence and help them understand the effects of the abuse on the
defendant at the time of the crime. This law did not apply retroactively and only affected
the trials of domestic violence victims after 1992.
In 2002, the Legislature passed SB 799 and SB 1385 in 2005, which allows
incarcerated victims of domestic violence who were convicted of crimes related to their
experiences of being abused are able to submit a petition for a writ of habeas corpus
challenging their original convictions. Such petitioners can seek a new trial, a reduced
sentence, or another equitable remedy if expert testimony on intimate partner battering
and its effects was not received into evidence during their original trial proceedings, and
it is reasonable to believe that the outcome of the trial would have been different with
such expert testimony.
Staff Report: AB 593 (Ma)
February 23, 2011
Page 2 of 2
AB 593 captures the original intent of SB 799 and allows victims of domestic violence
whose expert testimony was limited during their trial court proceedings to file for a writ
of habeas corpus. AB 593 also gives victims more time to receive legal representation
by deleting the sunset date currently in the statute.
Fiscal Analysis
There is no direct fiscal impact from this bill to the City.
Submitted By:
Steph¢n Y. Aryan, Risk Konager
Approval:
Jo hp. Wohlmuth, City Manager
CITY COUNCIL ACTION
APPROVED ✓ DENIED
RECEIVED OTHER
MEETING DATE &1�
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NOES:
A13SENT:
ABSTAIN:
VERIFIED BY:?� �t� �_—
Original on File with City Cicrk's-Office
February 23, 2012
The Honorable Brian Nestande
California State Assembly
73-710 Fred Waring Drive, Ste.116
Palm Desert, CA 92260
Dear Assemblyman Nestande:
On behalf of the City of Palm Desert, I am pleased to support AB 593 (Ma), a bill which
seeks to clarify Penal Code 1473.5 to include the domestic violence victims that were
unintentionally denied their original writ of habeas corpus due to limited expert
testimony evidence.
Under current law, Intimate Partner Battering and its Effects (IPB) is allowed to be
introduced as evidence in cases where battered women are charged with crimes related
to their experiences of being abused. In addition incarcerated victims of domestic
violence who were convicted of crimes related to their experiences of being abused are
able to submit a petition for a writ of habeas corpus challenging their original
convictions.
Due to the amount of time needed to investigate twenty year old cases and older, only
16 women have successfully petitioned for a writ and been released. By the time legal
representation is found, investigations are conducted and habeas petitions are
prepared, the current sunset clause in P.C. 1473.5 may preclude these women from
seeking relief.
AB 593 Correspondences
February 23, 2012
Page 2 of 2
AB 593 captures the original intent of the legislature and rectifies the problem with
current law by allowing victims of domestic violence whose expert testimony was limited
during their trial court proceedings to file for a writ of habeas corpus.
AB 593 also gives victims more time to receive legal representation by deleting the
sunset date currently in statute.
Thank you in advance for your support of AB 593.
Sincerely,
Robert A. Spiegel
Mayor
cc: The Honorable Fiona Ma, Speaker Pro Tempore, California State Assembly
The Honorable Bill Emmerson, California State Senate
Lynn Moriarty, Executive Director, Shelter from the Storm
Anthony D. Gonsalves, Joe A. Gonsalves & Sons
City Council
John M. Wohlmuth, City Manager
Paul S. Gibson, Director of Finance
Stephen Y. Aryan, Risk Manager