Summary — SB 676 (The North Carolina Survivors' Act) — Mitigated Sentencing for Survivors of Abuse
Status & sponsor
- Introduced / filed: March 25, 2025 (Senate bill; primary sponsor: Sen. Grafstein).
- Short title: “The North Carolina Survivors’ Act.”
- Subject areas: criminal sentencing, domestic relations, evidence, judicial branch, social welfare.
Purpose / intent
- To require courts to recognize that defendants who are survivors of domestic violence or other abuse may have committed offenses substantially because of that abuse, and to provide a statutory pathway for reduced sentences at initial sentencing and for resentencing of people already serving sentences.
Key definitions
- “Domestic violence” — physical harm or threat of imminent physical harm between intimate partners, family, or household members.
- “Physical abuse,” “psychological abuse,” and “post‑traumatic stress disorder” (PTSD) are defined for purposes of the statutory framework.
Major provisions
1. Mitigating factor at original sentencing
- At the sentencing hearing or plea hearing, if the defendant is a survivor of physical, sexual, or psychological abuse, the court must consider that abuse as a mitigating factor.
- The defendant must submit corroborating evidence (examples listed below).
- If the court finds by clear and convincing evidence that (a) the defendant was a survivor when the offense occurred, and (b) the abuse was related to and a substantial contributing factor in causing the offense or the defendant’s criminal behavior, the court must depart from the otherwise applicable sentence to reduced ranges specified in the bill (examples below).
Specified sentence reductions
- Life without parole → reduced to 30 years or less.
- Life with parole → reduced to 25 years or less.
- Sentences of ≥30 years → reduced to ≤20 years.
- Sentences of ≥20 years → reduced to ≤15 years.
- Sentences of ≥15 years → reduced to ≤7.5 years.
- Sentences of ≥8 years → reduced to ≤5 years.
Resentencing for persons already serving sentences
- Incarcerated persons (excluding certain offenses) may apply to the original sentencing court for resentencing.
- The court must hold a hearing, receive testimony and evidence, and determine whether the abuse was a substantial contributing factor; if so, the court shall impose a lesser sentence consistent with the statutory ranges.
Evidence standard and acceptable evidence
- Finding must be by clear and convincing evidence.
- Acceptable evidence includes court records, presentence reports, social‑services records, hospital records, sworn witness statements, law‑enforcement reports, protective orders, confinement records, contemporaneous documentation, verification of consultation with medical/mental‑health providers or victim advocates, and expert testimony diagnosing PTSD related to the abuse.
Exclusions / limits
- The relief does NOT apply to defendants convicted of:
- Offenses requiring sex‑offender registration (or attempts/conspiracies to commit such offenses).
- Certain enumerated serious crimes (including specified Article 7B offenses, or offenses against particularly vulnerable victims — see bill for precise statutory citations).
- Offenses for which a defendant has received the death sentence.
- The court may find abuse to be mitigating even if the defendant did not raise an affirmative defense at trial.
Who is affected
- Primary: defendants who are survivors of domestic or other specified abuse (both at initial sentencing and those already incarcerated).
- Secondary: victims and survivors (through evidentiary/witness processes), courts and judges (new mandatory consideration and resentencing hearings), prosecutors and defense counsel, Department of Adult Correction (possible population and case processing impacts), and victim‑service providers (as sources of evidence).
Procedural / implementation notes
- Applies to criminal sentencing under the referenced statutory chapters (including G.S. 20‑138.1).
- Requires courts to hold evidentiary hearings when an eligible defendant seeks sentencing relief; imposes a clear‑and‑convincing evidentiary standard.
- The bill prescribes detailed evidence examples and procedural steps for both original sentencing and post‑conviction resentencing.
Potential impacts (concise)
- Could lead to reduced terms for eligible defendants when abuse substantially contributed to criminal conduct.
- May increase the number of sentencing/resentencing hearings and evidentiary submissions to courts.
- Creates administrative workload for courts, prosecutors, defenders, prison system, and providers who document abuse.
- Balances rehabilitative/trauma‑informed sentencing goals with statutory exclusions for certain serious offenses; ultimate public‑safety effects would depend on judicial application and volume of eligible cases.
For exact statutory language, inclusive lists of excluded offenses, and procedural mechanics, consult the full bill text.
