Bill > SB152

This bill provides comprehensive legal protections and sentencing considerations for defendants who are victims of domestic abuse, sexual assault, human trafficking, or trafficking of children for sexual purposes. The bill establishes an affirmative defense and sentencing guidelines that allow such victims to potentially receive reduced sentences if they can prove by clear and convincing evidence that their criminal conduct was directly connected to their victimization. Specifically, the bill allows defendants to file motions to reconsider sentences, introduces expert testimony about victim experiences, and creates a legal framework where courts must consider the impact of trauma when sentencing. Key provisions include allowing sentencing reductions (such as reducing life sentences to 10-50 years), permitting expert testimony about victim dynamics, and establishing that victims have no legal duty to escape their abusive situations before committing an offense. The bill includes important limitations, such as excluding defendants charged with violent crimes, sex offenses, or cruelty to juveniles, and requires defendants to provide advance notice to prosecutors if they intend to use this defense. The legislation aims to provide a more nuanced approach to criminal justice that recognizes the complex circumstances of victims who commit crimes under duress or as a result of ongoing abuse.

Justice

https://www.legis.la.gov/legis/BillInfo.aspx?s=25rs&b=SB152&sbi=y