Section 1107 Of Chapter 1. Evidence Of Character, Habit, Or Custom From California Evidence Code >> Division 9. >> Chapter 1.
1107
. (a) In a criminal action, expert testimony is admissible by
either the prosecution or the defense regarding intimate partner
battering and its effects, including the nature and effect of
physical, emotional, or mental abuse on the beliefs, perceptions, or
behavior of victims of domestic violence, except when offered against
a criminal defendant to prove the occurrence of the act or acts of
abuse which form the basis of the criminal charge.
(b) The foundation shall be sufficient for admission of this
expert testimony if the proponent of the evidence establishes its
relevancy and the proper qualifications of the expert witness. Expert
opinion testimony on intimate partner battering and its effects
shall not be considered a new scientific technique whose reliability
is unproven.
(c) For purposes of this section, "abuse" is defined in Section
6203 of the Family Code, and "domestic violence" is defined in
Section 6211 of the Family Code and may include acts defined in
Section 242, subdivision (e) of Section 243, Section 262, 273.5,
273.6, 422, or 653m of the Penal Code.
(d) This section is intended as a rule of evidence only and no
substantive change affecting the Penal Code is intended.
(e) This section shall be known, and may be cited, as the Expert
Witness Testimony on Intimate Partner Battering and Its Effects
Section of the Evidence Code.
(f) The changes in this section that become effective on January
1, 2005, are not intended to impact any existing decisional law
regarding this section, and that decisional law should apply equally
to this section as it refers to "intimate partner battering and its
effects" in place of "battered women's syndrome."