This bill introduces new provisions to South Dakota law that require courts to consider an individual's history as a victim of abuse as a mitigating factor during sentencing. It defines various forms of abuse, including physical, psychological, and sexual abuse, and mandates that individuals provide corroborating evidence of their victimization before sentencing. If the court finds that the individual was a victim of abuse and that this abuse was a substantial contributing factor to the crime, it must reduce the sentence according to specified guidelines, such as reducing life sentences to a maximum of thirty-five years or less.

Additionally, the bill allows individuals serving sentences for offenses committed prior to July 1, 2026, to apply for resentencing based on their status as victims of abuse. The application process requires the submission of evidence similar to that required during the initial sentencing. The court is tasked with conducting a resentencing hearing to determine eligibility for a reduced sentence, and it must provide written findings if resentencing is denied. The bill also establishes the right to appeal any order denying resentencing or imposing a new sentence, ensuring that individuals have a legal avenue to challenge the court's decisions.