1TRENTON, NJ – Lawmakers are considering legislation that would allow courts to reduce or resentence certain defendants who were victims of domestic violence or abuse if that abuse contributed to their criminal conduct.

The bill establishes a new mitigating factor in state sentencing law, giving judges discretion to impose lighter sentences for survivors of abuse. It would also create a process for eligible incarcerated individuals to seek resentencing.

Under the proposal, the mitigating factor would apply to crimes where domestic violence, or substantial physical, sexual, or psychological abuse, played a role — but would exclude murder and offenses requiring sex offender registration.

Key Points

The bill adds domestic violence and abuse as a mitigating factor in criminal sentencing.

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