California 2011-2012 Regular Session Status: Enacted

AB 593 — Domestic violence: battering: recall and resentencing.

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

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint. Existing law also provides, until January 1, 2020, that a writ of habeas corpus may be prosecuted on the basis that expert testimony relating to intimate partner battering and its effects was not received in evidence at the trial court proceedings relating to a prisoner's incarceration for the commission of a violent felony committed prior to August 29, 1996, if there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction, that if the testimony had been admitted, the result of the proceedings would have been different. This bill would make the provisions for a writ of habeas corpus based on intimate partner battering operative indefinitely. The bill would instead provide that a writ of habeas corpus based on intimate partner battering may also be prosecuted if 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, and is of such substance that, had it been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, the result of the proceedings would have been different, and that the burden of proof in this regard is on the petitioner. The bill would specify that if a petitioner presented to the trier of fact expert testimony relating to intimate partner battering and its effects that was not competent or substantial, having presented that evidence would not be a bar to granting the petition.

Bill Text

Action History

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

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 19. Page 6235.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4646.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 5. Noes 1.) (June 12).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  10. Referred to Com. on PUB. S.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 20. Page 3622.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 4. Noes 1.) (January 10).

  15. Re-referred to Com. on PUB. S.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  17. Re-referred to Com. on PUB. S.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. Re-referred to Com. on PUB. S.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  22. Referred to Com. on PUB. S.

  23. From printer. May be heard in committee March 19.

  24. Read first time. To print.

Sponsors

  • Ma · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Ma

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 593 MA Concurrence in Senate Amendments

Passed 57 Yea · 19 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 561704
Democratic 1000
Total 571904
% of votes cast 71%24%0%5%
How each member voted (80)
Member Party Vote
Butler — Yea
Carter — Yea
Eng — Yea
Cedillo — Yea
Feuer — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Allen — Yea
Swanson — Yea
Williams — Yea
Yamada — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Furutani — Yea
Fletcher — Yea
Garrick — Nay
Gatto — Yea
Chesbro — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Gorell — Nay
Hagman — Yea
Hall — Yea
Conway — Nay
Davis — Yea
Beall — Yea
Hayashi — Yea
Dickinson — Yea
Hueso — Yea
Huffman — Yea
Knight — Nay
Lara — Yea
Logue — Nay
Ma — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Yea
Nielsen — Nay
Norby — Yea
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Cook — Not Voting
Halderman — Not Voting
Donnelly — Nay
Achadjian — Yea
Alejo — Not Voting
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Jeffries — Yea
Mansoor — Nay
Morrell — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Wieckowski — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB593 Ma By Evans

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Hancock — Yea
Wyland — Yea
Huff — Yea
Blakeslee — Yea
Yee — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Cannella — Yea
Runner — Not Voting
Fuller — Yea
Harman — Not Voting
Kehoe — Yea
Alquist — Yea
Corbett — Yea
Dutton — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Liu — Yea
Wolk — Yea
Anderson — Yea
Hernandez — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5100
Democratic 0001
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Hancock — Yea
Harman — Nay
Anderson — Yea
Liu — Yea
Steinberg — Yea
Price — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

AB 593 MA Assembly Third Reading

Passed 55 Yea · 20 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 541805
Democratic 1000
Republican 0200
Total 552005
% of votes cast 69%25%0%6%
How each member voted (80)
Member Party Vote
Hagman — Not Voting
Hall — Yea
Eng — Yea
Furutani — Yea
Galgiani — Yea
Butler — Yea
Gordon — Yea
Halderman — Yea
Fong — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Fletcher — Yea
Hueso — Yea
Huffman — Yea
Chesbro — Yea
Jeffries — Yea
Bonilla — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Ma — Yea
Mendoza — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Atkins — Yea
Garrick — Nay
Gorell — Not Voting
Harkey — Nay
Campos — Yea
Conway — Nay
Knight — Nay
Cook — Nay
Donnelly — Nay
Lara — Not Voting
Logue — Nay
Miller — Nay
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wagner — Nay
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Mansoor — Nay
Monning — Yea
Skinner — Yea
Cedillo — Not Voting
Feuer — Yea
Yamada — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Total 4101
% of votes cast 67%17%0%17%
How each member voted (6)
Member Party Vote
Hagman — Not Voting
Mitchell — Yea
Skinner — Yea
Ammiano — Yea
Knight — Nay
Cedillo — Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 593 do?
Existing law authorizes every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint. Existing law also provides, until January 1, 2020, that a writ of habeas corpus may be prosecuted on the basis that expert testimony relating to intimate partner battering and its effects was not received in evidence at the trial court proceedings relating to a prisoner's incarceration for the commission of a violent felony committed prior to August 29, 1996, if there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction, that if the testimony had been admitted, the result of the proceedings would have been different. This bill would make the provisions for a writ of habeas corpus based on intimate partner battering operative indefinitely. The bill would instead provide that a writ of habeas corpus based on intimate partner battering may also be prosecuted if 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, and is of such substance that, had it been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, the result of the proceedings would have been different, and that the burden of proof in this regard is on the petitioner. The bill would specify that if a petitioner presented to the trier of fact expert testimony relating to intimate partner battering and its effects that was not competent or substantial, having presented that evidence would not be a bar to granting the petition.
Who sponsors AB 593?
AB 593 is sponsored by Ma.
What is the current status of AB 593?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track AB 593?
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