Bill > S676

This bill introduces the North Carolina Survivors' Act, which provides a legal mechanism for individuals who have been victims of domestic violence to potentially receive reduced sentences for crimes committed as a result of their abuse. The bill defines domestic violence, physical abuse, psychological abuse, and post-traumatic stress disorder, and establishes a process for both current sentencing hearings and retroactive sentence modifications. For new sentencing hearings, defendants must provide documentary evidence demonstrating they were victims of domestic violence, including court records, medical documentation, or expert testimony about their post-traumatic stress disorder. If the court finds by clear and convincing evidence that the abuse substantially contributed to the defendant's criminal behavior, it can reduce sentences across various ranges, such as reducing life sentences to 30 years or less and shorter sentences proportionally. The bill does not apply to certain serious offenses, including sex offenses and crimes against children. For individuals already serving sentences, the bill creates an application process where they can request resentencing by providing similar documentary evidence and undergoing a hearing. The court will consider factors like the applicant's institutional record and participation in rehabilitation programs. Any sentence reductions will credit time already served, and applicants have the right to appeal denials. The act is set to become effective on December 1, 2025.

https://www.ncleg.gov/BillLookUp/2025/S676