California Bill Would Let Abuse Victims Use Trauma as Legal Defense for Violent Crime
SAN DIEGO VOICE & VIEWPOINT — SAN DIEGO VOICE & VIEWPOINT — Susan Bustamante, a 71-year-old formerly incarcerated woman, is advocating for a California bill that would permit survivors of human trafficking, intimate partner violence, or sexual violence to use their abuse as a legal defense when charged with violent crimes, excluding most murder cases.
The post California Bill Would Let Abuse Victims Use Trauma as Legal Defense for Violent Crime appeared first on BlackPressUSA.
The formerly incarcerated 71-year-old woman has repeatedly made the long trip from Orange County to Sacramento to urge lawmakers to pass legislation she believes would help her fellow domestic abuse victims facing criminal charges.
Each time, lawmakers seemed supportive — only to kill her bill in secret.
She hopes the fourth year in a row will be different.
Bustamante is again pushing for a measure, which police and prosecutors oppose, that would allow survivors of human trafficking and intimate partner or sexual violence to cite their abuse as a legal defense when facing charges for violent crimes, with the exception of most murder cases.
Those already convicted could also petition a judge to vacate their convictions. If the judge approves, their arrests and convictions would be treated as though they never happened. Their case files would be sealed and destroyed. Any fines and unpaid restitution to victims would be waived.
“I’m willing to fight for those who are not in the position that I am right now to be able to open my mouth and … fight for this,” she told CalMatters in an interview on Friday.
In 1987, Bustamante was sentenced to life in prison without the possibility of parole. Prosecutors alleged she hired her brother to kill her husband, Steven Bustamante, and helped dispose of his body for a $100,000 life insurance payout she split with her sibling.
Bustamante said she wasn’t allowed to tell jurors in her two-day trial about how her husband beat her and repeatedly threatened to kill her. She said she only asked her brother for help.
“The idea that he would kill Steven never occurred to me,” she told lawmakers last month. “Later, he called me to say that Steven was dead. He threatened to call the police and say I planned it. He blackmailed me for Steven’s insurance. I was afraid of having my daughters taken from me, so I gave in.”
Former California Gov. Jerry Brown commuted Bustamante’s sentence in 2017 after learning her story and reviewing her spotless prison record. Bustamante was freed the next year after three decades behind bars.
Bustamante said she would not qualify for her case to be vacated under the measure.
California law already allows defendants to cite abuse they experienced and call in expert witnesses who can explain how their suffering affected their behavior. Judges also can factor in a defendant’s history with human trafficking and domestic violence during sentencing. This bill takes it further by allowing them to cite their abuse as a legal defense when charged with a violent crime.
California law also allows those charged with or convicted of nonviolent offenses to petition courts for similar legal relief.
Appropriations committees kill bills
In the years since her release, Bustamante got involved with nonprofits that help people such as her navigate their past abuse and incarceration as they seek to reintegrate into life outside of prison.
Bustamante first testified before the Legislature about the bill’s need in 2023.
Since then, each year at least one of the Legislature’s two public safety committees approved similar legislation before an appropriations committee killed it.
Twice a year, the Legislature’s two appropriations committees meet to quickly and with no debate kill hundreds of bills.
As CalMatters has reported, powerful special-interest groups, the governor’s office, and state agencies secretly lobby the committees to kill bills. Legislative leaders also use the committees to kill politically touchy measures that lawmakers prefer not to go on record voting against in public hearings.
The Senate Appropriations Committee is expected to hear Oakland Democratic Assemblymember Mia Bonta’s abuse bill next month.
Riverside Democratic Sen. Sabrina Cervantes, the new chairperson of the Senate Appropriations Committee, declined to comment through a spokesperson.
Why DAs and police oppose
Law enforcement officials fear Bonta’s Assembly Bill 910 would allow violent criminals, including rapists, kidnappers and child molesters, to burden California’s backlogged judiciary system with a rash of petitions to vacate their convictions.
They say it’s an especially troubling example of how progressive Democrats keep trying to water down penalties for dangerous criminals, with little thought to their victims.
“To basically allow them to walk away from a violent crime in terms of accountability is just absurd policy,” said Greg Totten, a former Ventura County district attorney who heads the state’s DA association.
The witness stand of a courtroom at the San Diego Superior Court in downtown San Diego on Aug. 12, 2025. Credit: Photo by Adriana Heldiz, CalMatters
Totten noted that defendants already have the right to argue they were abused or trafficked during sentencing hearings.
Bonta didn’t return an interview request, but she told the Senate Public Safety Committee last month that “AB 910 is a second chance bill, a dignity bill.”
“Survivors should not spend their lives paying for abuse they endured,” she said.
At least 17 organizations, including ACLU California Action and the San Francisco Public Defender’s Office, support the bill, according to the CalMatters Digital Democracy database.
Supporters argue hardly anyone convicted of violent crimes actually would qualify under the proposed new law.
For the few who do, advocates say it would be much cheaper to allow abuse victims to reintegrate into society without their felony convictions being used against them as they look for jobs, housing and other support.
“If even one person is granted relief under this bill, it will pay for itself,” said Leigh LaChapelle, director of policy and advocacy at the Coalition to Abolish Slavery and Trafficking.
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Here is what you need to know about finding unique white elephant gift ideas that everyone wants to steal
The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition. The wrapping paper comes off, the room goes quiet for half […]
The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition.
The wrapping paper comes off, the room goes quiet for half a second, and suddenly everyone wants the same gift. That is the sweet spot. A great white elephant pick should make people laugh, lean in, and start plotting their next steal before the turn is even over.
Should a White Elephant Gift Be Funny or Useful?
A white elephant gift can be funny or useful, but the strongest choices usually give people a reason to laugh and a reason to keep the item. A practical gift with an odd design, unexpected feature, or playful theme can get a reaction without becoming something the recipient immediately wants to give away.
The right balance depends on the group. Close friends and family members may enjoy a ridiculous gag gift because they already understand one another’s sense of humor.
A workplace exchange, neighborhood party, or mixed-age gathering usually calls for something with broader appeal. In those settings, humor works better when it is built into an item people could still use afterward.
It also helps to think about how quickly the gift will make sense once it is opened. A strangely shaped kitchen tool, oversized mug, quirky desk accessory, or unexpectedly fancy everyday item can create an immediate reaction. Guests understand the joke right away, while the item still has enough practical value to attract a steal.
Pure gag gifts can be harder to pull off. Something that exists only for the punchline may get a big laugh during the reveal and then sit untouched for the rest of the game. If the goal is to bring one of the gifts everyone keeps fighting over, usefulness gives the joke staying power.
Inside joke gifts can make a white elephant exchange feel much more personal, especially when most of the group shares the same stories. The trick is choosing a reference that people will recognize quickly instead of building the entire joke around something only two guests understand.
You can turn a memorable vacation mishap, office catchphrase, family story, or long-running group joke into the theme of the gift. A personalized comic book can work especially well when it turns familiar people or a ridiculous shared moment into part of the story.
Think carefully about who the joke involves before ordering anything permanent. The gift should make the person feel included in the fun, not singled out for the wrong reason.
Can You Bring Something You Already Own?
Holiday gift exchanges can be a good place to re-gift something you never used, especially if it is unopened and clean.
The following can all work if they still look presentable:
The goal is to give the item a second chance, not use the exchange as an excuse to clear out damaged or unwanted clutter.
Take a close look at the packaging before wrapping it. Faded boxes, missing pieces, visible wear, or anything that looks obviously used can make the gift feel careless.
Wrapping Budget-Friendly Gifts
Wrapping can make gifts more entertaining before anyone even knows what’s inside.
Misdirection works especially well for fun party games. Put a small gift inside a much larger box. Use packaging from an unrelated household item.
Add harmless weight so guests cannot guess what they are holding. The reveal becomes part of the joke without changing the gift itself.
You can also lean into the theme of the exchange. Bright paper, oversized bows, reusable bags, or deliberately over-the-top wrapping can make an ordinary item feel more memorable. If the gift itself is already funny, simple wrapping may work better so the surprise stays hidden until the last second.
Frequently Asked Questions
Is Picking Last an Advantage in White Elephant?
Picking last can be an advantage because you get to see almost every gift before making your move. Instead of choosing blindly from the remaining wrapped presents, you can steal something that has already caught your attention if the rules still allow it.
That advantage depends on the house rules. Some games limit how many times a gift can be stolen.
Others lock an item once it reaches a certain number of steals. If the most popular gifts are already unavailable, the final player may have fewer strong options than expected.
The first player can also get another turn at the end in some versions of the game. That rule can balance things out, since the person who started with the least information may get one final chance to steal.
How Do You Plan White Elephant for a Large Group?
For a large white elephant exchange, set a firm spending limit and establish the stealing rules in advance.
Create a clear turn order before the game begins. Drawing numbers as guests arrive can save time once everyone is ready to start.
Keep the number of steals per gift limited so the game does not drag on. It also helps to have one person track which creative holiday presents have been stolen and when they are locked, especially if dozens of people are participating.
Can You Play White Elephant Virtually?
A virtual white elephant exchange can work over a video call, with one person keeping track of the turn order and each steal. Guests can either mail physical gifts ahead of time or use digital gifts that can be delivered once the game ends.
Set the spending limit and stealing rules before everyone joins. It also helps to decide how gifts will be revealed and who is responsible for sending each one afterward so the exchange does not become confusing.
Choose a Perfect White Elephant Gift in a Snap
Look for a white elephant gift that fits some of these criteria, and everyone will be trying to grab it at your next celebration.
Do you need more gift-giving tips and tricks? Make sure you read some of our other posts.