New York enacts Domestic Violence Survivors Justice Act

New York State has passed legislation to expand the situations in which judges can consider domestic violence survivors’ abuse when determining appropriate sentences for victims.

The Domestic Violence Survivors Justice Act (DVSJA) will, according to one report, allow judges to impose an alternative sentence if he or she finds that:

1) the defendant, at the time of the offence, was a domestic violence victim subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the same family or household;
2) the abuse was a significant contributing factor to the criminal behavior; and
3) a sentence under the general sentencing provisions would be ‘unduly harsh.’”

The provisions dealing with resentencing become effective August 12, 2019. For sentences imposed going forward, the law became effective immediately.

The complete text of the law can be found here.