Bill > HB84

This bill, known as the Providing Alternatives Through Healing for Justice-Involved Individuals (PATH) Act, allows for domestic violence to be considered as a mitigating factor during sentencing or sentence modification for certain crimes. Domestic violence is defined broadly to include acts causing serious bodily harm, fear of harm, assault, certain sexual offenses, false imprisonment, stalking, and revenge porn, committed against a victim who is a current or former spouse, cohabitant, relative, or someone with a child in common or recent sexual relationship with the perpetrator. This provision applies to various crimes, including most violent crimes (excluding murder and certain sexual offenses), drug offenses where the defendant was compelled by a perpetrator, and human trafficking or prostitution offenses resulting from coercion by a perpetrator, as well as crimes like extortion, burglary, theft, and financial crimes when they stem from domestic violence coercion or control. A defendant must prove by a preponderance of the evidence that domestic violence was a significant contributing factor to their crime, and if proven, the court must treat it as a mitigating factor, consider departing from mandatory minimum sentences or sentencing guidelines, and may impose a lesser or otherwise just sentence, stating the reasons for its decision on the record. This bill does not create a new crime, authorize sentences exceeding legal maximums, establish a defense, diminish victim rights, or prevent courts from considering domestic violence evidence under other laws, and it takes effect on October 1, 2026.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0084?ys=2026RS