Bill > SB138

This bill, known as the Providing Alternatives Through Healing for Justice-Involved Individuals (PATH) Act, allows for domestic violence to be considered a mitigating factor during sentencing for certain crimes in Maryland. It defines "domestic violence" broadly to include acts causing serious bodily harm, fear of harm, assault, rape, sexual offenses, false imprisonment, stalking, and revenge porn, committed against a victim who is a current or former spouse, cohabitant, relative, child or stepchild who resided with the perpetrator, has a child in common with the perpetrator, or had a sexual relationship with the perpetrator within the past year. The bill applies to various crimes, including most violent crimes (except murder, sexual crimes, and certain abuse offenses), controlled dangerous substance offenses where the defendant was compelled by a perpetrator, prostitution and human trafficking offenses resulting from coercion, and certain theft, fraud, and property crimes committed due to coercion, control, or economic abuse stemming from domestic violence. If a defendant can prove by a preponderance of the evidence that they were a victim of domestic violence and it significantly contributed to their crime, this evidence can be presented at sentencing or during a motion to modify a sentence. The court must then treat the domestic violence as a mitigating factor, consider departing from mandatory minimum sentences or sentencing guidelines, and may impose a lesser or otherwise just sentence, stating its reasons on the record. This provision does not create a new crime, authorize sentences exceeding legal maximums, establish a defense, diminish victim rights, or prevent courts from considering domestic violence under other laws. The bill is set to take effect on October 1, 2026.