North Carolina SB 676: The North Carolina Survivors' Act.

Bill Text

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 against 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 intimidation, 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 defendant 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 factor 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 corroborating 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 defendant, 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 tending 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 assists 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 household, 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