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SB 1385: Expanding Habeas Corpus ProvisionsOlivia Wang, Free Battered WomenFree Battered Women is thrilled to report that SB 1385 passed through the Senate Public Safety Committee on March 30th, 2004. The bill (authored by Senator Burton and co-authored by Senators Kuehl, Romero, and Assembly Member Jackson), expands the class of domestic violence survivors who are eligible for habeas relief. It also changes language about "Battered Women's Syndrome" to the more favored term "battering and its effects". Current law (PC 1473.5) allows survivors of domestic violence who killed their batterers prior to 1992 to file habeas corpus petitions challenging their convictions. SB 1385 expands relief to include not just survivors who defended themselves, but all survivors whose offenses were directly related to the abuse they faced (for example, survivors who were coerced by their batterers to commit crimes). Among other proposed changes, SB 1385 also extends the current 1992 cut-off date to 1996. For more information go to www.freebatteredwomen.org. Last updated February 14, 2005 06:48 PM |
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