Relating to domestic abuse survivor defendants; prescribing an effective date; providing for criminal sentence reduction that requires approval by a two-thirds majority.
Catchline/Summary:
Requires sentencing court to consider as mitigation evidence whether defendant was subjected to domestic abuse that was ongoing when criminal behavior occurred and was contributing factor in criminal behavior. Requires sentencing court to consider as mitigation evidence whether defendant was subjected to domestic abuse that was ongoing when criminal behavior occurred and was contributing factor in criminal behavior. Provides that such evidence constitutes substantial and compelling reasons justifying downward departure sentence. Authorizes court to impose lesser sentence even if sentence is mandatory or otherwise required by law.
Creates procedure by which person currently serving sentence may petition court for resentencing if person was subjected to domestic abuse that was ongoing when criminal behavior occurred and was contributing factor in criminal behavior.
Establishes Task Force on Services and Support for Incarcerated Domestic Violence Survivors.
Takes effect on 91st day following adjournment sine die.
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SB 1070 Senate Committee On Human Services
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