Habeas corpus: gender-based stereotypes.
Vote required
Two Thirds
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill aims to prevent gender bias in criminal proceedings by requiring courts to carefully consider the potential for stereotypes to influence verdicts and sentencing. Specifically, it expands the factors courts must weigh when evaluating evidence that could trigger gender-based assumptions, such as those related to sexuality, parenting, or appearance. Furthermore, the bill allows for habeas corpus petitions based on the admission of gender-biased evidence that could have altered the outcome of a trial.
Key provisions
- Requires courts to consider the potential for gender-based stereotypes when evaluating evidence.
- Expands the factors courts must consider to include the minimal probative value of evidence and the potential for undue prejudice.
- Allows for habeas corpus petitions based on the admission of gender-biased evidence that could have altered the outcome of a trial.
- Defines ‘evidence or argument likely to trigger gender-based stereotypes’ with specific examples.
- Requires a hearing outside the presence of the jury to determine the admissibility of such evidence.
- Updates the Evidence Code to address gender bias in evidentiary rulings.
- Modifies Section 1473.5 of the Penal Code to allow habeas corpus petitions based on the exclusion of expert testimony regarding intimate partner battering and its effects.
- Establishes a 2/3 legislative vote requirement for excluding relevant evidence.
Who is affected
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1 on record
Primary sponsor
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