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AB-2980 Domestic violence: mitigating circumstances.(1991-1992)

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Assembly Bill No. 2980
CHAPTER 1137

An act relating to domestic violence.

[ Filed with Secretary of State  September 30, 1992. Approved by Governor  September 28, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2980, Tanner. Domestic violence: mitigating circumstances.
Existing law provides that in the case of a felony conviction, the court shall consider specified circumstances in aggravation of an offense which could justify the imposition of the upper of 3 possible prison terms and in mitigation of an offense which would justify the imposition of the lower of 3 possible prison terms.
Existing law also authorizes the Judicial Council to adopt rules providing criteria for the consideration of the trial judge at the time of sentencing regarding the court’s decision to, among other things, impose the lower or upper prison term. Rule 423 of the California Rules of Court specifies the circumstances in mitigation adopted by the Judicial Council pursuant to this provision.
This bill would recommend that the Judicial Council revise Rule 423 to add to the list of circumstances in mitigation, the fact that there is evidence, which did not amount to a defense, that the defendant suffered from repeated or continuous physical, sexual, or psychological abuse committed by the victim , and the crime was an offense against the defendant’s spouse, any person with whom the defendant was intimately cohabiting, or any person who was the mother or father of the defendant’s child.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature recommends that the Judicial Council revise Rule 423 of the California Rules of Court before June 1, 1993, to add language related to circumstances in mitigation, as follows:
Facts relating to the crime and to the defendant, including the fact that there is evidence, that did not amount to a defense, that the defendant suffered from repeated or continuous physical, sexual, or psychological abuse committed by the victim and the crime was an offense against the defendant’s spouse, any person with whom the defendant was intimately cohabiting, or any person who was the mother or father of the defendant’s child.