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

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0084*

HOUSE BILL 84
E2 6lr1079
(PRE–FILED) CF SB 138
By: Delegate Smith
Requested: October 2, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Procedure – Sentencing – Domestic Violence as a Mitigating Factor 2
(Providing Alternatives Through Healing for Justice–Involved Individuals 3
(PATH) Act) 4

FOR the purpose of authorizing the introduction of evidence that a certain defendant was 5
the victim of domestic violence and that the domestic violence was a significant 6
contributing factor to the commission of a certain crime as a mitigating factor at 7
sentencing of the defendant or a hearing on a motion for modification or reduction of 8
a sentence; establishing related procedures; and generally relating to criminal 9
sentencing. 10

BY adding to 11
Article – Criminal Procedure 12
Section 6–238 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Criminal Procedure 18

6–238. 19

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21

(2) “DOMESTIC VIOLENCE ” MEANS ANY OF THE FOL LOWING ACTS 22
COMMITTED AGAINST A VICTIM: 23
2 HOUSE BILL 84

(I) AN ACT THAT CAUSES SERIOUS BODILY HARM; 1

(II) AN ACT THAT PLACES T HE VICTIM IN FEAR OF IMMINENT 2
SERIOUS BODILY HARM; 3

(III) ASSAULT IN ANY DEGREE; 4

(IV) RAPE OR SEXUAL OFFEN SE UNDER § 3–303, § 3–304, § 5
3–307, OR § 3–308 OF THE CRIMINAL LAW ARTICLE OR ATTEMPTED RAPE OR 6
SEXUAL OFFENSE IN ANY DEGREE; 7

(V) FALSE IMPRISONMENT; 8

(VI) STALKING UNDER § 3–802 OF THE CRIMINAL LAW ARTICLE; 9
OR 10

(VII) REVENGE PORN UNDER § 3–809 OF THE CRIMINAL LAW 11
ARTICLE. 12

(3) “PERPETRATOR” MEANS A PERSON ALLEG ED TO HAVE 13
COMMITTED DOMESTIC VIOLENCE. 14

(4) “VICTIM” MEANS: 15

(I) A CURRENT OR FORMER SPOUSE OF A PERPETRATOR; 16

(II) A COHABITANT OF A PERPETRATOR; 17

(III) A PERSON RELATED TO A PERPETRATOR BY BLO OD, 18
MARRIAGE, OR ADOPTION; 19

(IV) A PARENT , STEPPARENT, CHILD, OR STEPCHILD OF A 20
PERPETRATOR OR A PER PETRATOR’S SPOUSE OR FORMER S POUSE WHO RESIDED 21
WITH THE PERPETRATOR OR SPOUSE FOR AT LEAST 90 DAYS WITHIN 1 YEAR BEFORE 22
THE FILING OF THE PETITION; 23

(V) AN INDIVIDUAL WHO HA S A CHILD IN COMMON WITH A 24
PERPETRATOR; OR 25

(VI) AN INDIVIDUAL WHO HA S HAD A SEXUAL RELAT IONSHIP 26
WITH A PERPETRATOR WITHIN 1 YEAR BEFORE THE FILING OF THE PETITION. 27

HOUSE BILL 84 3

(B) THIS SECTION APPLIES TO THE FOLLOWING CRIMES: 1

(1) A CRIME OF VIOLENCE, AS DEFINED IN § 14–101 OF THE CRIMINAL 2
LAW ARTICLE, EXCEPT: 3

(I) MURDER UNDER § 2–201 OR § 2–204 OF THE CRIMINAL LAW 4
ARTICLE; 5

(II) A VIOLATION OF TITLE 3, SUBTITLE 3 (SEXUAL CRIMES) OF 6
THE CRIMINAL LAW ARTICLE; OR 7

(III) A VIOLATION OF TITLE 3, SUBTITLE 6 (ABUSE AND OTHER 8
OFFENSIVE CONDUCT) OF THE CRIMINAL LAW ARTICLE; 9

(2) A VIOLATION OF TITLE 5 OF THE CRIMINAL LAW ARTICLE 10
(CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER 11
SUBSTANCES) WHEN THE DEFENDANT W AS COMPELLED TO DIST RIBUTE, 12
TRANSPORT, OR POSSESS A CONTROLLED DANGEROUS SUBSTANCE ON BEHALF OF A 13
PERPETRATOR; 14

(3) A VIOLATION OF TITLE 11, SUBTITLE 3 (PROSTITUTION AND 15
RELATED CRIMES) OR TITLE 3, SUBTITLE 11 (HUMAN TRAFFICKING) OF THE 16
CRIMINAL LAW ARTICLE WHEN THE VIOL ATION RESULTED FROM COERCION, 17
DOMINATION, OR COMPULSION BY A PERPETRATOR; AND 18

(4) WHEN COMMITTED IN WH OLE OR IN PART BY CO ERCION, 19
CONTROL, ECONOMIC ABUSE, OR OTHER CIRCUMSTANCES ARISING FROM DOMESTIC 20
VIOLENCE: 21

(I) A VIOLATION OF TITLE 3, SUBTITLE 7 (EXTORTION AND 22
OTHER THREATS) OF THE CRIMINAL LAW ARTICLE; 23

(II) A VIOLATION OF TITLE 6, SUBTITLE 2 (BURGLARY AND 24
RELATED CRIMES) OR SUBTITLE 4 (TRESPASS) OF THE CRIMINAL LAW ARTICLE; 25

(III) A VIOLATION OF TITLE 7 (THEFT AND RELATED CRIMES) 26
OF THE CRIMINAL LAW ARTICLE; 27

(IV) A VIOLATION OF TITLE 8, SUBTITLE 1 (BAD CHECKS), 28
SUBTITLE 2 (CREDIT CARD CRIMES), SUBTITLE 3 (IDENTITY FRAUD), OR SUBTITLE 29
6 (COUNTERFEITING AND RELATED CRIMES) OF THE CRIMINAL LAW ARTICLE; AND 30

4 HOUSE BILL 84

(V) AN ATTEMPT, CONSPIRACY, OR SOLICITATION TO C OMMIT 1
AN OFFENSE LISTED IN ITEM (I), (II), (III), OR (IV) OF THIS ITEM. 2

(C) (1) EVIDENCE THAT A DEFEN DANT WAS THE VICTIM OF DOMESTIC 3
VIOLENCE AND THAT THE DOMESTIC VIOLENCE WAS A SIGNIFICANT CONTRIBUTING 4
FACTOR TO THE COMMISSION OF THE CRIME OF WHICH THE DEFENDANT HAS BEEN 5
CONVICTED MAY BE INTRODUCED AS A MITIGATING FACTOR IN A PROSECUTION OF 6
AN OFFENSE LISTED IN SUBSECTION (B) OF THIS SECTION AT: 7

(I) SENTENCING; OR 8

(II) IF A M OTION TO MODIFY A SE NTENCE OR REDUCE THE 9
DURATION OF A SENTENCE IS FILED WITHIN 5 YEARS OF THE DATE OF THE ORIGINAL 10
SENTENCING, AT A HEARING ON THE MOTION FOR MODIFICATION OR REDUCTION OF 11
THE SENTENCE. 12

(2) THE STATE MAY INTRODUCE EVIDENCE TO REBUT ANY EVIDENCE 13
OFFERED BY THE DEFENDANT UNDER PARAGRAPH (1) OF THIS SUBSECTION. 14

(D) EVIDENCE INTRODUCED UNDER SUBSECTION (C) OF THIS SECTION MAY 15
INCLUDE RECORDS, REPORTS, OR TESTIMONY FROM: 16

(1) THE DEFENDANT; 17

(2) THE DEFENDANT’S FAMILY MEMBERS OR FRIENDS; 18

(3) LAW ENFORCEMENT OFFICERS; 19

(4) MEDICAL PROFESSIONALS; 20

(5) COUNSELORS, ADVOCATES, OR SOCIAL WORKERS; OR 21

(6) ANY OTHER SOURCE THE COURT CONSIDERS RELEVANT. 22

(E) THE DEFENDANT HAS THE BURDEN TO ESTABLISH , BY A 23
PREPONDERANCE OF THE EVIDENCE, THAT DOMESTIC VIOLEN CE WAS A 24
SIGNIFICANT CONTRIBUTING FACTOR TO THE D EFENDANT’S COMMISSION OF THE 25
CRIME. 26

(F) (1) IF THE COURT FINDS TH AT DOMESTIC VIOLENCE WAS A 27
SIGNIFICANT CONTRIBU TING FACTOR TO A DEF ENDANT’S COMMISSION OF THE 28
CRIME, THE COURT SHALL: 29

(I) TREAT THE DOMESTIC VIOLENCE AS A MITIGATING FACTOR 30
HOUSE BILL 84 5

IN SENTENCING; AND 1

(II) CONSIDER WHETHER IT IS WARRANTED TO DEPART FROM: 2

1. A MANDATORY MINIMUM SENTENCE; OR 3

2. THE SENTENCING GUIDELINES. 4

(2) IF THE COURT FINDS TH AT DOMESTIC VIOLENCE WAS A 5
SIGNIFICANT CONTRIBUTING FACTOR TO THE D EFENDANT’S COMMISSION OF THE 6
CRIME, THE COURT MAY IMPOSE A SENTENCE: 7

(I) LESS THAN THE MANDAT ORY MINIMUM SENTENCE 8
REQUIRED BY LAW; 9

(II) BELOW THE SENTENCING GUIDELINES; OR 10

(III) THAT IS OTHERWISE JU ST AND APPROPRIATE I N LIGHT OF 11
THE CIRCUMSTANCES. 12

(3) THE COURT SHALL STATE ON THE RECORD THE REASONS FOR ITS 13
DECISION, INCLUDING WHETHER DO MESTIC VIOLENCE WAS FOUND TO BE A 14
MITIGATING FACTOR. 15

(G) NOTHING IN THIS SECTION: 16

(1) CREATES A SEPARATE CRIME; 17

(2) AUTHORIZES A COURT T O IMPOSE A SENTENCE THAT EXCEEDS 18
THE MAXIMUM SENTENCE PROVIDED BY LAW; 19

(3) ESTABLISHES A DEFENSE TO PROSECUTION; 20

(4) DIMINISHES THE RIGHTS OF VICTIMS OF CRIME; OR 21

(5) PROHIBITS A COURT FR OM CONSIDERING EVIDE NCE OF 22
DOMESTIC VIOLENCE UNDER ANY OTHER APPLICABLE PROVISION OF LAW. 23

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2026. 25