WeVote
Log In

Bill

Bill

SB 91

CRIME/PUNISHMENT: Provides relative to sentencing of defendants who are survivors of domestic abuse, human trafficking, or sexual assault. (8/1/26) (OR SEE FISC NOTE GF EX)

2026 Regular Session Introduced by Beth Mizell

The bill allows survivors of domestic abuse, human trafficking, or sexual assault to seek resentencing, with courts reducing sentences if survivors’ experiences substantively contr

Title of substitute read and adopted; becomes Senate Bill No. 523.
0
WeVote Research Nonpartisan
Bill Summary · SB 91

Summary of Bill: SB 91 (Louisiana) – 2026 Regular Session

Subtitle: Crime/Punishment – Provides relative to sentencing of defendants who are survivors of domestic abuse, human trafficking, or sexual assault. (Effective 8/1/2026)

1) Purpose and Intent

  • Create new provisions in the Code of Criminal Procedure to allow sentencing relief for defendants who are (or were) survivors of domestic abuse, human trafficking, or sexual assault.
  • The core idea: if a survivor’s experiences were a substantial contributing factor to committing the offense, the court may depart from the otherwise applicable sentence and impose a reduced sentence, subject to specified limits and procedures.

2) Key Provisions and Changes

A. New Articles Created

  • Art. 881.8 – Resentencing for Survivors

    • Defines “survivor” and related terms (domestic abuse, human trafficking, sexual assault).
    • Allows a defendant who was sentenced before August 1, 2026, but is serving on/after that date, to file a motion for resentencing.
    • Required filings include: evidence of ongoing sentence, proof of pre-8/1/2026 sentencing, and corroborating evidence per Art. 890.4(D).
    • If the motion complies, a resentencing hearing is required to determine eligibility under Art. 890.4(C), with possible vacating of the original sentence and imposition of a new, reduced sentence.
    • Court must issue written findings of fact and reasons; time served credit preserved.
    • If the motion is denied, it can be appealed; noncompliant filings are denied without prejudice.

  • Art. 890.4 – Sentencing for Survivors

    • Courts must consider the survivor status as a mitigating factor and the role of abuse/trafficking/sexual assault in the offense.
    • If the defendant can prove by clear and convincing evidence that they were a survivor and that these experiences were a substantial contributing factor, the court must depart from the otherwise applicable sentence as listed below.
    • Corroborating evidence is defined broadly (court records, presentence reports, medical records, expert testimony, recordings, communications, rehabilitation evidence, etc.).
    • The statute provides a tiered reduction scheme based on the length and type of sentence:
    • Life without parole → reduced to not more than 30 years (with added burden for violence crimes requiring additional proof by clear and convincing evidence that the victim was the perpetrator or coercion by that perpetrator).
    • Life with parole → reduced to not more than 25 years.
    • 30+ years (but < life) → reduced to not more than 20 years.
    • 20–<30 years → reduced to not more than 15 years.
    • 15–<20 years → reduced to not more than 7.5 years.
    • 8–<15 years → reduced to not more than 5 years.
    • Certain offenses are excluded from these reductions:
    • Sex offender registration obligations.
    • Capital (death-penalty) convictions.
    • Certain terrorism offenses.
    • Additional procedural provisions for motions and potential joint motions with no genuine issue of material fact allow for sentencing without an evidentiary hearing.

B. Expert Testimony (Art. 707)

  • Enacts Art. 707 allowing qualified experts ( pursuant to Art. 702) to testify about whether a defendant was a survivor and the impact of the survivor experience on the offense.
  • Defines survivor consistently with the Crim. Procedure articles above.

C. Effective Date

  • All provisions take effect August 1, 2026.
  • Applicants sentenced on or after that date are eligible; defendants sentenced prior remain eligible for relief under Article 881.8.

3) Affected Parties and Impacts

  • Defendants who are or were survivors of domestic abuse, human trafficking, or sexual assault.
  • Courts: must apply the mitigating factors, conduct resentence proceedings, and issue written findings.
  • Prosecutors: notified upon filing; participate in hearings.
  • Victims and survivors: potential for reduced sentences consistent with recognizing abuse/trafficking factors.
  • Defense attorneys and experts: new procedures for corroboration and expert testimony.

4) Procedural and Timeline Considerations

  • Eligibility window centers on August 1, 2026; those sentenced before that date can seek relief if serving on/after that date.
  • Requires a two-step process: motion for resentencing, then a possible resentencing hearing with findings and potential new sentence.
  • If there is a joint motion with no genuine issue of material fact, the court may resentence without a full evidentiary hearing.
  • Written findings of fact and reasons are required; appeals are preserved.

Note: The bill adds new constitutional and evidentiary considerations, with emphasis on survivor status and correlation to offense commission.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.