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California Bill Would Let Abuse Victims Use Trauma as Legal Defense for Violent Crime

July 29, 2026

Susan Bustamante, a 71-year-old woman who served 30 years in prison for her alleged involvement in her husband's death, is making her fourth attempt to push California legislation that would help domestic violence survivors facing criminal charges. The proposed bill would permit victims of human trafficking, intimate partner violence, or sexual abuse to use their victimization as a legal defense for violent crimes (excluding most murders) and allow those already convicted to petition for conviction vacatur. While Bustamante and advocacy groups argue this provides necessary relief for abuse victims, law enforcement officials strongly oppose the measure, claiming it would enable dangerous criminals to escape accountability and overwhelm the court system.

Who is affected

  • Susan Bustamante and other survivors of domestic violence, human trafficking, and sexual violence who have been charged with or convicted of violent crimes
  • Current defendants facing violent crime charges who have abuse histories
  • Victims of crimes committed by those who would petition for conviction vacatur
  • California's judiciary system and courts
  • Law enforcement agencies and prosecutors
  • Nonprofit organizations that assist formerly incarcerated abuse survivors
  • Organizations supporting the bill, including ACLU California Action and the San Francisco Public Defender's Office
  • The California District Attorneys Association and law enforcement groups opposing the measure

What action is being taken

  • Susan Bustamante is repeatedly traveling from Orange County to Sacramento to advocate for the legislation
  • Assemblymember Mia Bonta is sponsoring Assembly Bill 910
  • At least 17 organizations are actively supporting the bill
  • Law enforcement officials and prosecutors are opposing the legislation
  • The Senate Appropriations Committee is expected to hear the bill next month

Why it matters

  • This legislation represents a significant shift in how California's criminal justice system would handle cases involving abuse victims who commit violent crimes. It matters because it addresses the intersection of victimization and criminality, recognizing that survivors of severe abuse may commit crimes under duress or as a result of their trauma. The bill could fundamentally change accountability standards for violent crimes, potentially allowing convicted individuals to have their records completely erased and restitution waived. The controversy highlights ongoing tensions between criminal justice reform advocates who prioritize rehabilitation and addressing root causes of crime, and law enforcement officials concerned about public safety and victims' rights. The outcome will affect how California balances compassion for abuse survivors with accountability for violent criminal acts.

What's next

  • The Senate Appropriations Committee is expected to hear Assembly Bill 910 next month
  • If approved by the Senate Appropriations Committee, the bill would move forward in the legislative process

Read full article from source: The San Diego Voice & Viewpoint