Bill > HB1591

This bill establishes new sentencing alternatives and remedies for defendants who are survivors of domestic violence, sexual assault, or human trafficking, recognizing that their criminal conduct may have been a direct result of coercion, duress, or trauma from their victimization. Specifically, it allows courts to reduce incarceration terms or impose alternative penalties if the defendant can prove they were a verified victim of such abuse at the time of the offense, that the abuse was the primary cause of their criminal actions, and that standard sentencing would be unduly harsh. The bill also provides a pathway for individuals currently incarcerated to petition for resentencing if they meet these criteria, and allows for the vacation of convictions for certain offenses if the defendant can demonstrate their victimization was the cause of their criminal conduct and that the conviction's consequences are unduly harsh. These provisions aim to ensure that justice is proportionate and trauma-informed, while also establishing reporting requirements on the implementation of these new remedies and including an expiration date for the act.