SB 138

SENATE BILL 138
     E2  6lr1078
  (PRE–FILED)  CF HB 84
     By: Senator Henson
     Requested: October 2, 2025
     Introduced and read first time: January 14, 2026
     Assigned to: Judicial Proceedings
  A BILL ENTITLED
1 AN ACT concerning
2   Criminal Procedure – Sentencing – Domestic Violence as a Mitigating Factor
3    (Providing Alternatives Through Healing for Justice–Involved Individuals
4(PATH) Act)
5 FOR the purpose of authorizing the introduction of evidence that a certain defendant was
6      the victim of domestic violence and that the domestic violence was a significant
7      contributing factor to the commission of a certain crime as a mitigating factor at
8      sentencing of the defendant or a hearing on a motion for modification or reduction of
9      a sentence; establishing related procedures; and generally relating to criminal
10      sentencing.
11 BY adding to
12      Article – Criminal Procedure
13      Section 6–238
14      Annotated Code of Maryland
15      (2025 Replacement Volume)
16SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
17 That the Laws of Maryland read as follows:
18Article – Criminal Procedure
19 6–238.
20(A)     (1)     IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
21 INDICATED.
22(2)
  “DOMESTIC VIOLENCE” MEANS ANY OF THE FOLLOWING ACTS
23 COMMITTED AGAINST A VICTIM:
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *sb0138*
2SENATE BILL 138
1(I)    AN ACT THAT CAUSES SERIOUS BODILY HARM;
2(II)   AN ACT THAT PLACES THE VICTIM IN FEAR OF IMMINENT
3 SERIOUS BODILY HARM;
4(III) ASSAULT IN ANY DEGREE;
5(IV) RAPE OR SEXUAL OFFENSE UNDER § 3–303, § 3–304, §
6 3–307, OR § 3–308 OF THE CRIMINAL LAW ARTICLE OR ATTEMPTED RAPE OR
7 SEXUAL OFFENSE IN ANY DEGREE;
8(V)    FALSE IMPRISONMENT;
9(VI)   STALKING UNDER § 3–802 OF THE CRIMINAL LAW ARTICLE;
10 OR
11(VII) REVENGE PORN UNDER § 3–809 OF THE CRIMINAL LAW
12 ARTICLE.
13(3)
  “PERPETRATOR”  MEANS   A    PERSON   ALLEGED   TO   HAVE
14 COMMITTED DOMESTIC VIOLENCE.
15(4)   “VICTIM” MEANS:
16(I)    A CURRENT OR FORMER SPOUSE OF A PERPETRATOR;
17(II)   A COHABITANT OF A PERPETRATOR;
18(III) A PERSON RELATED TO A PERPETRATOR BY BLOOD,
19 MARRIAGE, OR ADOPTION;
20(IV)A PARENT, STEPPARENT, CHILD, OR STEPCHILD OF A
21 PERPETRATOR OR A PERPETRATOR’S SPOUSE OR FORMER SPOUSE WHO RESIDED
22 WITH THE PERPETRATOR OR SPOUSE FOR AT LEAST 90 DAYS WITHIN 1 YEAR BEFORE
23 THE FILING OF THE PETITION;
24(V)    AN INDIVIDUAL WHO HAS A CHILD IN COMMON WITH A
25 PERPETRATOR; OR
26(VI)
  AN INDIVIDUAL WHO HAS HAD A SEXUAL RELATIONSHIP
27 WITH A PERPETRATOR WITHIN 1 YEAR BEFORE THE FILING OF THE PETITION.
  SENATE BILL 138  3
1      (B)   THIS SECTION APPLIES TO THE FOLLOWING CRIMES:
2(1) A CRIME OF VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL
3 LAW ARTICLE, EXCEPT:
4(I)   MURDER UNDER § 2–201 OR § 2–204 OF THE CRIMINAL LAW
5 ARTICLE;
6(II) A VIOLATION OF TITLE 3, SUBTITLE 3 (SEXUAL CRIMES) OF
7 THE CRIMINAL LAW ARTICLE; OR
8(III) A VIOLATION OF TITLE 3, SUBTITLE 6 (ABUSE AND OTHER
9 OFFENSIVE CONDUCT) OF THE CRIMINAL LAW ARTICLE;
10(2) A VIOLATION OF TITLE 5 OF THE CRIMINAL LAW ARTICLE
11 (CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER
12 SUBSTANCES) WHEN THE DEFENDANT WAS COMPELLED TO DISTRIBUTE,
13 TRANSPORT, OR POSSESS A CONTROLLED DANGEROUS SUBSTANCE ON BEHALF OF A
14 PERPETRATOR;
15(3) A VIOLATION OF TITLE 11, SUBTITLE 3 (PROSTITUTION AND
16 RELATED CRIMES) OR TITLE 3, SUBTITLE 11 (HUMAN TRAFFICKING) OF THE
17 CRIMINAL LAW ARTICLE WHEN THE VIOLATION RESULTED FROM COERCION,
18 DOMINATION, OR COMPULSION BY A PERPETRATOR; AND
19(4)WHEN COMMITTED IN WHOLE OR IN PART BY COERCION,
20 CONTROL, ECONOMIC ABUSE, OR OTHER CIRCUMSTANCES ARISING FROM DOMESTIC
21 VIOLENCE:
22(I)  A VIOLATION OF TITLE 3, SUBTITLE 7 (EXTORTION AND
23 OTHER THREATS) OF THE CRIMINAL LAW ARTICLE;
24(II) A VIOLATION OF TITLE 6, SUBTITLE 2 (BURGLARY AND
25 RELATED CRIMES) OR SUBTITLE 4 (TRESPASS) OF THE CRIMINAL LAW ARTICLE;
26(III) A VIOLATION OF TITLE 7 (THEFT AND RELATED CRIMES)
27 OF THE CRIMINAL LAW ARTICLE;
28(IV) A VIOLATION OF TITLE 8, SUBTITLE 1 (BAD CHECKS),
29 SUBTITLE 2 (CREDIT CARD CRIMES), SUBTITLE 3 (IDENTITY FRAUD), OR SUBTITLE
30 6 (COUNTERFEITING AND RELATED CRIMES) OF THE CRIMINAL LAW ARTICLE; AND
4SENATE BILL 138
1(V)  AN ATTEMPT, CONSPIRACY, OR SOLICITATION TO COMMIT
2 AN OFFENSE LISTED IN ITEM (I), (II), (III), OR (IV) OF THIS ITEM.
3      (C)   (1)   EVIDENCE THAT A DEFENDANT WAS THE VICTIM OF DOMESTIC
4 VIOLENCE AND THAT THE DOMESTIC VIOLENCE WAS A SIGNIFICANT CONTRIBUTING
5 FACTOR TO THE COMMISSION OF THE CRIME OF WHICH THE DEFENDANT HAS BEEN
6 CONVICTED MAY BE INTRODUCED AS A MITIGATING FACTOR IN A PROSECUTION OF
7 AN OFFENSE LISTED IN SUBSECTION (B) OF THIS SECTION AT:
8(I)    SENTENCING; OR
9(II)IF A MOTION TO MODIFY A SENTENCE OR REDUCE THE
10 DURATION OF A SENTENCE IS FILED WITHIN 5 YEARS OF THE DATE OF THE ORIGINAL
11 SENTENCING, AT A HEARING ON THE MOTION FOR MODIFICATION OR REDUCTION OF
12 THE SENTENCE.
13(2) THE STATE MAY INTRODUCE EVIDENCE TO REBUT ANY EVIDENCE
14 OFFERED BY THE DEFENDANT UNDER PARAGRAPH (1) OF THIS SUBSECTION.
15      (D)  EVIDENCE INTRODUCED UNDER SUBSECTION (C) OF THIS SECTION MAY
16 INCLUDE RECORDS, REPORTS, OR TESTIMONY FROM:
17(1)   THE DEFENDANT;
18(2)   THE DEFENDANT’S FAMILY MEMBERS OR FRIENDS;
19(3)   LAW ENFORCEMENT OFFICERS;
20(4)   MEDICAL PROFESSIONALS;
21(5)   COUNSELORS, ADVOCATES, OR SOCIAL WORKERS; OR
22(6)   ANY OTHER SOURCE THE COURT CONSIDERS RELEVANT.
23      (E)   THE  DEFENDANT HAS THE BURDEN TO ESTABLISH, BY A
24 PREPONDERANCE OF THE EVIDENCE, THAT DOMESTIC VIOLENCE WAS A
25 SIGNIFICANT CONTRIBUTING FACTOR TO THE DEFENDANT’S COMMISSION OF THE
26 CRIME.
27      (F) (1) IF THE COURT FINDS THAT DOMESTIC VIOLENCE WAS A
28 SIGNIFICANT CONTRIBUTING FACTOR TO A DEFENDANT’S COMMISSION OF THE
29 CRIME, THE COURT SHALL:
30(I)    TREAT THE DOMESTIC VIOLENCE AS A MITIGATING FACTOR
  SENATE BILL 138  5
1 IN SENTENCING; AND
2(II)   CONSIDER WHETHER IT IS WARRANTED TO DEPART FROM:
31.     A MANDATORY MINIMUM SENTENCE; OR
42.     THE SENTENCING GUIDELINES.
5(2) IF THE COURT FINDS THAT DOMESTIC VIOLENCE WAS A
6 SIGNIFICANT CONTRIBUTING FACTOR TO THE DEFENDANT’S COMMISSION OF THE
7 CRIME, THE COURT MAY IMPOSE A SENTENCE:
8(I)      LESS    THAN   THE   MANDATORY   MINIMUM   SENTENCE
9 REQUIRED BY LAW;
10(II)   BELOW THE SENTENCING GUIDELINES; OR
11(III) THAT IS OTHERWISE JUST AND APPROPRIATE IN LIGHT OF
12 THE CIRCUMSTANCES.
13(3)   THE COURT SHALL STATE ON THE RECORD THE REASONS FOR ITS
14 DECISION, INCLUDING WHETHER DOMESTIC VIOLENCE WAS FOUND TO BE A
15 MITIGATING FACTOR.
16      (G)   NOTHING IN THIS SECTION:
17(1)   CREATES A SEPARATE CRIME;
18(2)AUTHORIZES A COURT TO IMPOSE A SENTENCE THAT EXCEEDS
19 THE MAXIMUM SENTENCE PROVIDED BY LAW;
20(3)   ESTABLISHES A DEFENSE TO PROSECUTION;
21(4)   DIMINISHES THE RIGHTS OF VICTIMS OF CRIME; OR
22(5) PROHIBITS A COURT FROM CONSIDERING EVIDENCE  OF
23 DOMESTIC VIOLENCE UNDER ANY OTHER APPLICABLE PROVISION OF LAW.
24SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
25 October 1, 2026.