Criminal Procedure - Sentencing - Domestic Violence as a Mitigating Factor (Providing Alternatives Through Healing for Justice-Involved Individuals (PATH) Act)

SB 138 allows defendants in specific criminal cases to present evidence that they were victims of domestic violence and that this violence significantly contributed to their crime as a mitigating factor during sentencing or within five years for sentence modification. It applies to crimes of violence, drug offenses tied to coercion, human trafficking, and other crimes committed under domestic violence circumstances - excluding murder, sexual offenses, and certain abuse crimes. If the court finds domestic violence was a significant factor, it must treat it as a mitigating factor and may reduce sentences below mandatory minimums or sentencing guidelines. The defendant bears the burden of proof (preponderance of evidence), and courts must state their reasoning for decisions related to this factor.