Bill Text: CA AB1593 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Parole: intimate partner battering.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 809, Statutes of 2012. [AB1593 Detail]

Download: California-2011-AB1593-Amended.html

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BILL NUMBER: AB 1593	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 6, 2012

   An act to amend Section  11161.2   4801 
of the Penal Code, relating to  domestic violence 
 parole  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1593, as amended, Ma.  Domestic violence. 
 Parole: intimate partner battering.  
   Existing law requires the Board of Parole Hearings, one year prior
to an inmate's minimum eligible parole release date, to meet with
the inmate to review his or her suitability for parole. As part of
this review, existing law requires the board to consider information
or evidence that, at the time of the crime, the person had
experienced intimate partner battering, if that person was convicted
of the offense prior to the enactment of a specified provision of
law. Under existing law, the board is required to annually report to
the Legislature and the Governor on cases that the board considered
for parole, including the board's decisions and the findings of its
investigations in these cases. Existing case law supports the denial
of parole on the ground that the prisoner lacks insight into his or
her crimes and its causes.  
   This bill would instead require the board to consider the
information or evidence described above if the person was convicted
of an offense that occurred prior to August 29, 1996. The bill would
require the board to give great weight to information or evidence of
intimate partner battering at the time of the crime. Additionally,
the bill would require specific and detailed findings of the board's
investigations to be included in the annual report. The bill would
also provide that the fact that a prisoner has presented evidence of
intimate partner battering cannot be used to support a finding that
the prisoner lacks insight into his or her crime.  
   Existing law requires the California Emergency Management Agency,
in consultation with specified state agencies and other
organizations, to establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect, as specified.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4801 of the   Penal
Code   is amended to read: 
   4801.  (a) The Board of Parole Hearings may report to the
Governor, from time to time, the names of any and all persons
imprisoned in any state prison who, in its judgment, ought to have a
commutation of sentence or be pardoned and set at liberty on account
of good conduct, or unusual term of sentence, or any other cause,
including evidence of intimate partner battering and its effects. For
purposes of this section, "intimate partner battering and its
effects" may include evidence of the nature and effects of physical,
emotional, or mental abuse upon the beliefs, perceptions, or behavior
of victims of domestic violence where it appears the criminal
behavior was the result of that victimization.
   (b) (1) The Board of Parole Hearings, in reviewing a prisoner's
suitability for parole pursuant to Section 3041.5, shall 
consider   give great weight to  any information or
evidence that, at the time of the commission of the crime, the
prisoner had experienced intimate partner battering, but was
convicted of  the  an  offense  that
occurred  prior to  the enactment of Section 1107 of the
Evidence Code by Chapter 812 of the Statutes of 1991  
August 29, 1996  . The board shall state on the record the
information or evidence that it considered pursuant to this
subdivision, and the reasons for the parole decision. The board shall
annually report to the Legislature and the Governor on the cases the
board considered pursuant to this subdivision during the previous
year, including the board's  decision  
decisions  and the  specific and detailed  findings of
its investigations of these cases.
   (2) The report for the Legislature to be submitted pursuant to
paragraph (1) shall be submitted pursuant to Section 9795 of the
Government Code. 
   (3) The fact that a prisoner has presented evidence of intimate
partner battering cannot be used to support a finding that the
prisoner lacks insight into his or her crime and its causes. 

  SECTION 1.    Section 11161.2 of the Penal Code is
amended to read:
   11161.2.  (a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and comprehensive
medical examinations. Enhancing examination procedures,
documentation, and evidence collection will improve investigation and
prosecution efforts.
   (b) The California Emergency Management Agency shall, in
cooperation with the State Department of Public Health, the
Department of Aging and the ombudsman program, the State Department
of Social Services, law enforcement agencies, the Department of
Justice, the California Association of Crime Lab Directors, the
California District Attorneys Association, the California State
Sheriffs' Association, the California Medical Association, the
California Police Chiefs' Association, domestic violence advocates,
the California Medical Training Center, adult protective services,
and other appropriate experts, do all of the following:
   (1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect using as a model the form and
guidelines developed pursuant to Section 13823.5. The form should
include, but not be limited to, a place for a notation concerning
each of the following:
   (A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing reporting
procedures.
   (B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and elder
and dependent adult abuse and neglect, including the collection of
physical evidence, but that refusal is not a ground for denial of
treatment of injuries and disease, if the person wishes to obtain
treatment and consents thereto.
   (C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical history.

   (D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.
   (E) Collection of physical evidence of domestic violence or elder
or dependent adult abuse.
   (F) Collection of other medical and forensic specimens, as
indicated.
   (G) Procedures for the preservation and disposition of evidence.
   (H) Complete documentation of medical forensic exam findings.
   (2) Determine whether it is appropriate and forensically sound to
develop separate or joint forms for documentation of medical forensic
findings for victims of domestic violence and elder and dependent
adult abuse and neglect.
   (c) The forms shall become part of the patient's medical record
pursuant to guidelines established by the agency or agencies
designated by the California Emergency Management Agency advisory
committee and subject to the confidentiality laws pertaining to
release of medical forensic examination records.
   (d) The forms shall be made accessible for use on the Internet.