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SB 138

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

2026 Regular Session Introduced by Shaneka Henson

Maryland bill permits judges to reduce sentences by considering defendants' histories of domestic violence as mitigating factors in criminal sentencing.

First Reading Judicial Proceedings
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Bill Summary · SB 138

Legislative bill overview

SB 138, known as the PATH Act, would allow judges to consider evidence of domestic violence experienced by defendants as a mitigating factor during sentencing in Maryland criminal cases. The bill aims to provide alternative sentencing approaches for justice-involved individuals who have themselves been victims of domestic abuse, recognizing potential connections between trauma and criminal behavior.

Why is this important

Domestic violence survivors sometimes engage in criminal conduct directly connected to their abuse experience, and this bill would require courts to weigh that context when determining sentences. This reflects a growing public health approach to criminal justice that acknowledges trauma's role in behavior while maintaining accountability for criminal acts.

Potential points of contention

  • Victim advocacy concerns: Some domestic violence advocates worry the provision could be misused to reduce sentences for perpetrators who claim victimization, potentially diminishing accountability and protection for survivors
  • Judicial discretion vs. consistency: Expanding mitigating factors may create sentencing disparities if judges apply the standard inconsistently across cases with similar circumstances
  • Burden of proof and evidence: Unclear standards for what constitutes sufficient evidence of domestic violence history and how courts will verify claims without creating additional trauma for survivors during proceedings

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

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