Bill > SB91

This bill enacts new articles into the Code of Criminal Procedure and the Code of Evidence to provide sentencing relief for defendants who are survivors of domestic abuse, human trafficking, or sexual assault. Specifically, it creates Article 881.8, which allows defendants sentenced before August 1, 2026, to file a motion for resentencing if they can provide documentation proving they are serving a sentence for an eligible felony offense and were subjected to domestic abuse, human trafficking, or sexual assault, supported by specific evidence. Article 890.4 outlines the criteria for sentencing reduction, requiring proof that the defendant was a survivor and that their experience was a substantial contributing factor to the offense, with specific reductions for different sentence lengths, though certain offenses like those requiring sex offender registration or involving terrorism are excluded. This article also details the types of corroborating evidence that can be used to support such claims, including court records, medical records, and expert reports. Additionally, Article 707 of the Code of Evidence allows for expert testimony regarding whether a defendant was a survivor of domestic abuse, human trafficking, or sexual assault and how it affected them, with "survivor" defined consistently across these articles. The bill aims to consider the mitigating role of these experiences in a defendant's commission of a crime, allowing for reduced sentences and offering a path for resentencing for those previously convicted.

Justice

https://www.legis.la.gov/legis/BillInfo.aspx?s=26rs&b=SB91&sbi=y