Bill > HB1214

This bill mandates that courts consider an individual's history as a victim of abuse as a mitigating factor during sentencing, meaning it can be used to lessen the severity of the punishment. Abuse is broadly defined to include physical, psychological, or sexual abuse inflicted by family members, partners, traffickers, or those who exploit the individual for financial gain. To qualify for this consideration, the individual must provide corroborating documentary evidence, such as court records, law enforcement reports, or sworn statements from witnesses, to demonstrate they were a victim of abuse at the time of the offense. If the court finds by clear and convincing evidence that the abuse was a substantial contributing factor to the crime, it must reduce the sentence, with specific reductions outlined for life sentences and determinate sentences. However, this provision does not apply to individuals convicted of Class A felonies or certain sex offenses, and for crimes of violence, the individual must prove the victim of their crime was the perpetrator of their abuse. The bill also establishes a process for individuals serving sentences for offenses committed before July 1, 2026, to apply for resentencing if they can demonstrate eligibility as a victim of abuse, with provisions for legal assistance and appeals.

Justice

https://sdlegislature.gov/#/Session/Bill/26711