California lawmakers are considering a bill that would allow victims of human trafficking and intimate partner or sexual violence to use their trauma as a legal defense in violent crime cases.
Susan Bustamante, a 71-year-old former inmate from Orange County, has been a vocal advocate for this legislation, making repeated trips to Sacramento to urge its passage. Despite initial support, the bill has been rejected in previous years.
The proposed measure, known as Assembly Bill 910, would let survivors cite their abuse when facing charges for violent crimes, except most murder cases. Those already convicted could petition to have their convictions vacated, potentially erasing their criminal records. The bill faces opposition from police and prosecutors who fear it could overwhelm the judicial system with petitions and lessen accountability for violent offenders.
Bustamante, who served a life sentence for allegedly hiring her brother to kill her abusive husband, believes the bill could help others who were unable to present evidence of their abuse in court. Her sentence was commuted in 2017 by former Governor Jerry Brown, and she was released the following year.
The bill, sponsored by Oakland Democratic Assemblymember Mia Bonta, has support from several organizations, including ACLU California Action. Bonta describes it as a “second chance bill,” emphasizing that survivors should not be penalized for the abuse they endured. Critics, however, argue that defendants already have opportunities to present evidence of abuse during sentencing.
The Senate Appropriations Committee is set to review the bill next month. Advocates hope this year will bring a different outcome, allowing the bill to advance and provide relief to those affected by abuse.
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