Senate Bill No. 152, introduced by Senator Mizell, seeks to amend current laws concerning the sentencing of defendants who are victims of domestic abuse, sexual assault, or human trafficking. The bill establishes an affirmative defense for these defendants, allowing them to argue that their criminal actions were justifiable due to their victimization. It permits the introduction of expert testimony on the effects of domestic violence and related crimes, and outlines specific criteria for eligibility, including the requirement that the defendant is a victim of the specified crimes and that there is a clear causal link between their victimization and the offense committed.
Furthermore, the bill includes provisions for the admissibility of evidence related to the defendant's victimization, allowing input from the alleged perpetrator or other relevant individuals. It mandates that defendants notify the prosecution if they intend to raise this defense and allows for motions to reconsider sentences for qualifying defendants until August 1, 2028. The proposed law emphasizes the need for courts to consider the impact of victimization on sentencing decisions, requiring presentence investigations and written justifications for sentences imposed. The bill aims to ensure that the unique circumstances of victims who commit crimes as a result of their victimization are recognized and addressed within the legal system, with an effective date set for August 1, 2025.