The North Carolina Survivors' Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 676

Short Title: The North Carolina Survivors' Act. (Public)
Sponsors: Senator Grafstein (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S676-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW FOR MITIGATED SENTENCING FOR SURVIVORS OF DOMESTIC 2
VIOLENCE AND OTHER FORMS OF ABUSE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. This act shall be known and may be cited as the North Carolina 5
Survivors' Act. 6
SECTION 2. Article 81B of the General Statutes is amended by adding a new Part 7
to read: 8
"Part 4. Survivor Sentencing. 9
"§ 15A-1340.26. Survivor sentencing; generally. 10
(a) Applicability. – Notwithstanding any provision of law to the contrary, this Part shall 11
apply to criminal sentencing under this Chapter, G.S. 20-138.1, and any other provision of law 12
purporting to sentence a criminal defendant. 13
(b) Definitions. – Unless the context requires otherwise, the following definitions apply 14
in this Part: 15
(1) Domestic violence. – An act of physical harm or the threat of imminent 16
physical harm which is committed by an adult, emancipated minor, or minor 17
child 13 years of age or older ag ainst an adult, emancipated minor, or minor 18
child who is currently or was previously an intimate partner, a family member, 19
or a household member. 20
(2) Physical abuse. – Any real or threatened physical injury or damage to the body 21
that is not accidental. 22
(3) Post-traumatic stress disorder. – The same as the term is defined in the 23
Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 24
2013), and occurred as a result of the victimization of a survivor related to the 25
violence or abuse. 26
(4) Psychological abuse. – A pattern of real or threatened mental in timidation, 27
threats, coercive control, economic or financial control, and humiliation that 28
provokes fear of harm. 29
(5) Sentencing hearing. – A post -conviction hearing in which the defe ndant is 30
brought before the court for imposition of a sentence. 31
"§ 15A-1340.27. Survivor sentencing; original sentencing hearing. 32
(a) During a hearing to sentence a person or for a person to accept a plea of guilty, when 33
that person is a survivor of domestic violence and has been charged with a crime, the court shall 34
consider as a mitigating fa ctor that the person has been abused physically, sexually , or 35
psychologically by the person's sexual partner, family member, or member of the household, the 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 676-First Edition
trafficker of the person, or other individual who used the person for financial gain. The defendant 1
shall provide to the court evidence including but not limited to each of the following: 2
(1) Documentary evidence corro borating that the defendant was, at the time of 3
the offense, a victim of domestic violence. 4
(2) At least one piece of documentary evidence that is a court record, presentence 5
report, social services record, hospital record, sworn statement from a witness 6
to the domestic violence or abuse who is not the defenda nt, law enforcement 7
record, domestic incident report, or protective order. 8
(3) Local confinement facility records, records of the Department of Adult 9
Correction, documentation prepared at or near the time of the commission or 10
prosecution of the offense ten ding to support the claims of the defendant, or 11
verification of consultation with a licensed medical care provide or mental 12
health care provider, employee of a court acting within the scope of the 13
employee's employment, member of the clergy, attorney, social worker, rape 14
crisis counselor, or other advocate acting on behalf of an agency that assist s 15
victims of domestic violence or abuse. Expert testimony from a psychiatrist, 16
psychologist or mental health professional showing that the defendant has 17
been diagnosed with post-traumatic stress disorder as a result of the violence 18
or abuse at issue may also be submitted to the court as evidence. 19
(b) If the court finds by clear and convincing evidence that at the time of the offense the 20
defendant was a survivor of domestic violence or subjected to physical, sexual, or psychological 21
abuse inflicted by a sexual partner, family member, or member of the ho usehold, the trafficker 22
of the defendant, or any person who used the defendant for financial gain, and that the violence 23
or abuse was related to and was a substantial contributing factor in causing the defendant to 24
commit the offense or to the defendant 's criminal behavior, the court shall depart from the 25
applicable sentence to the ranges provided as follows: 26
(1) Sentences of life without the possibility of parole shall be reduced to 30 years 27
or less. 28
(2) Sentences of life with the possibility of parole shall be reduced to 25 years or 29
less. 30
(3) Sentences of 30 years or more shall be reduced to 20 years or less. 31
(4) Sentences of 20 years or more shall be reduced to 15 years or less. 32
(5) Sentences of 15 years or more shall be reduced to 7.5 years or less. 33
(6) Sentences of 8 years or more shall be reduced to 5 years or less. 34
(c) The provisions of this section shall not apply to a person convicted of any of the 35
following: 36
(1) An offense that would require the person to register as a sex offender. 37
(2) An attempt or conspiracy to commit an offense that would require the person 38
to register as a sex offender. 39
(3) An offense under any of the following: 40
a. G.S. 14-32.3. 41
b. G.S. 14-112.2. 42
c. Article 7B of Chapter 14, when committed against a victim that has a 43
mental disability or who is mentally incapacitated or physically 44
helpless, and the person committing the offense knows or should 45
reasonably know that the victim has a mental disability or is mentally 46
incapacitated or physically helpless. 47
(4) An offense under any of the following: 48
a. G.S. 14-318.2. 49
b. G.S. 14-318.4. 50
c. Article 7B of Chapter 14, when committed against a child. 51
General Assembly Of North Carolina Session 2025
Senate Bill 676-First Edition Page 3
(5) An offense for which the person has received a sentence of death. 1
"§ 15A-1340.28. Survivor sentencing; application for person previously sentenced. 2
(a) Where a court has imposed a criminal judgment and sentence upon a defendant other 3
than for an offense described in G.S. 15A-1340.27(c) and the defendant is serving the sentence 4
in the custody of the Department of Adult Correction, the court shall impose a new, lesser 5
sentence following a hearing if the court determines each of the following: 6
(1) At the time of the offense for which the sentence is being served, the defendant 7
was a victim of domestic violence or subjsected to physical, sexual, or 8
psychological abuse inflicted by a sexual partner, a family member or member 9
of the household, the trafficker of the defendant, or any preson who used the 10
defendant for financial gain. 11
(2) The violence or abuse under subdivision (1) of this subsection was related to 12
and was a substantial contributing factor in causing (i) the defendant to 13
commit the offense for which the defendant is presently in custody or (ii) the 14
defendant's criminal behavior. 15
(b) At the hearing to determine whether a defendant should be resentenced pursuant to 16
this section, the court shall take testimony from witnesses offered by the State and the defendant 17
and shall consider oral and written arguments and any other relevant evidence to assist in making 18
its determinat ion. The court may determine that the violence or abuse found pursuant to 19
subsection (a) of this section was related to and was a substantial contributing factor to the offense 20
regardless of whether the defendant raised an affirmative defense. 21
(c) Any person meeting all of the following circumstances may, on or after the date this 22
section becomes effective, submit to the judge who imposed the original sentence a request to 23
apply for resentencing in accordance with the provisions of this section: 24
(1) Confined in an institution under the custody and control of the Department of 25
Adult Correction. 26
(2) Serving a sentence for an offense committed prior to the effective date of this 27
section. 28
(3) Eligible for an alternative sentence pursuant to the provisions of this section. 29
A person making a request under this subsection shall include in the request documentation 30
and declarations to support the person's claims. 31
(d) If, upon receipt of a request pursuant to subsection ( c) of this section , the original 32
sentencing judge is not serving on the court in which the original sentence was imposed at the 33
time of the request to apply for resentencing, the request shall be randomly assigned to a judge 34
of the original sentencing court. 35
(e) If the court finds that th e person has met the requirements to apply for resentencing 36
as provided in subsection (c) of this section, the court shall provide notice to the person that the 37
person may submit an application for resentencing. Upon receiving this notification, the person 38
may request the court appoint an attorney to assist the person in the preparation of and 39
proceedings on the application for resentencing. 40
(f) If the court finds that the person has not met the requirements to apply for 41
resentencing as provided for in subsection (c) of this section, the court shall notify the person and 42
deny the person's request without prejudice. 43
"§ 15A -1340.29. Survivor sentencing; resentencing hearing for person previously 44
sentenced. 45
(a) Upon receipt of an application for resentencing as authorized by 46
G.S. 15A-1340.28(e), the clerk of court shal l promptly notify the district attorney and provide 47
the district attorney with a copy of the application. 48
(b) If the judge that receives an application pursuant to subsection ( a) of this section is 49
not the judge who originally sente nced the applicant, the application may be referred to the 50
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original sentencing judge if that judge is serving as a judge of a court of competent jurisdiction 1
and the applicant and the district attorney agree that the application should be referred. 2
(c) An application for resentencing received pursuant to this section shall include 3
evidence including but not limited to each of the following: 4
(1) Corroborating the claim of the applicant that the applicant was a victim of 5
domestic violence or subjected to physical, sexual, or psychological abuse 6
inflicted b a sexual partner, a family member or member of the household, the 7
trafficker of the applicant, or any person who used the applicant for financial 8
gain. 9
(2) A court re cord, presentence report, social services record, hospital record, 10
sworn statement from a witness to the domestic violence who is not the 11
applicant, law enforcement record, domestic in cident report, or protective 12
order. 13
(3) Local confinement facility records, records of the Department of Adult 14
Correction, documentation prepared at or near the time of the commission or 15
prosecution of the offense tending to support the claims of the defen dant, or 16
verification of consultation with a licensed medical care provide or mental 17
health care provider, employee of a court acting within the scope of the 18
employee's employment, member of the clergy, attorney, social worker, rape 19
crisis counselor, or ot her advocate acting on behalf of an agency that assists 20
victims of domestic violence or abuse. Expert testimony from a psychiatrist, 21
psychologist or mental health professional showing that the defendant has 22
been diagnosed with post-traumatic stress disorder as a result of the violence 23
or abuse at issue may also be submitted to the court as evidence. 24
(d) If the court finds that the applicant has not complied with the provisions of subsection 25
(c) of this section, the court shall deny the application without prejudice. 26
(e) If the court finds that the applicant has complied with the provisions of subsection (c) 27
of this section, the court shall conduct a sentencing hearing to aid in making its determination of 28
whether the applicant should be resentenced in accordance with G.S. 15A-1340.27(b). At the 29
hearing, the court shall determine any controverted issues of fact relevant to the issue of 30
sentencing. The court may consider any facts or circumstance s relevant to the imposition of a 31
new sentence submitted by the applicant or the district attorney and may consider the institutional 32
record of confinement of the person, provided, however, the institutional record shall not be 33
solely dispositive as to whe ther an applicant receives a reduced sentence. The court shall not 34
order a new presentence investigation and report or entertain any matter challenging the 35
underlying basis of the subject conviction. Consideration of the institutional record of 36
confinement of an applicant by the court shall include, but not be limited to, the participation of 37
the applicant in programming for domestic violence, parenting, and substance abuse treatment 38
while incarcerated, and the disciplinary history of the applicant. The inability of the applicant to 39
participate in treatment or other programming while incarcerated despite the willingness of the 40
applicant to do so shall not be considered a negative factor when the court is making its decision. 41
(f) If the court det ermines after a hearing under subsection ( e) of this section that the 42
applicant should not be resentenced in accordance with G.S. 15A-1340.27(b), the court shall 43
inform the applicant of its decision and shall enter an order to that effect. Any order issued by a 44
court pursuant to this subsection shall include written findings of fact and the reasons for the 45
order. If the applicant is denied on the merits of the application, the court shall deny the applicant 46
with prejudice. 47
(g) If the court determines after a hea ring under subsection ( e) of this section that the 48
applicant should be resentenced in accordance with G.S. 15A-1340.27(b), the court shall notify 49
the applicant that, unless the applicant withdraws the application for resentencing or appeals the 50
order of th e court, the court shall enter an order vacating the sentence originally imposed and 51
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shall impose a new sentence as set forth in G.S. 15A-1340.27(b). Any order issued by a court 1
pursuant to this subsection shall include written findings of fact and the reasons for the order. 2
Sentences modified pursuant to the provisions of this subsection shall be reduced as set forth in 3
G.S. 15A-1340.27(b). When calculating the new sentence to be served by the applicant, the 4
applicant shall be credited for any time served in a local confinement facility or in the custody of 5
the Department of Adult Correction toward the sentence originally imposed. 6
(h) An appeal to the Court of Appeals may be taken as of right from an order under this 7
section denying resentencing or ordering a new sentence be imposed. Pursuant to an appeal under 8
this subsection, the applicant may request that the Court of Appeals direct the Appellate Defender 9
to assist the applicant in the preparation of the appeal and represen t the applicant during the 10
subsequent appellate proceedings." 11
SECTION 3. This act becomes effective December 1, 2025. 12