The bill, introduced by Senator Mizell, amends existing laws regarding the eligibility of defendants who are victims of domestic abuse, human trafficking, or sexual assault to apply for a pardon or commutation of sentence. It establishes that individuals who were documented victims of such abuses at the time of their offense may apply for clemency, with specific exceptions. Notably, those sentenced to life imprisonment for a crime of violence will be eligible to apply five years after sentencing, while individuals convicted of certain serious offenses, such as those requiring sex offender registration or resulting in a death sentence, are prohibited from applying.

Additionally, the bill modifies the sentencing guidelines to include the defendant's status as a victim of domestic abuse or related crimes as a factor for the court to consider when determining suspension of sentence or probation. If a connection between the victimization and the offense is established, the court is required to order a presentence investigation. The legislation also mandates the Board of Pardons to review and potentially revise its rules and procedures to align with these new provisions, with an effective date set for August 1, 2026.

Statutes affected:
SB523 Original: 15:4(D)