Laws

Legal Provisions

§2239: Battered Women's Syndrome

For original text, see the official site for California legislative information.

At parole consideration hearings, the Board panel shall consider any information or evidence of Battered Woman Syndrome (BWS), as defined in section 2000(b), where it appears the criminal behavior was the result of that victimization. The panel shall state, on the record, the information which was considered pursuant to this section, and its effect, if any, on the parole decision. Information regarding BWS may be used by the panel to mitigate culpability for the offense for purposes of suitability for parole, and may be used as a reason for mitigating the base term. If sufficient information is not available to determine whether the criminal behavior was the result of that victimization, the panel shall refer the case for investigation.

NOTE

Authority cited: Sections 3041, 3052 and 5076.2(a), Penal Code. Reference: Sections 3041, 4801, 5075.5 and 5076.1, Penal Code; and Section 1107, Evidence Code.

HISTORY

1. New section filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).