Bill would let judges consider ongoing domestic abuse as mitigation for sentences, survivors urge relief

Salem, Ore. — March 18, 2025: The Senate Judiciary Committee heard emotional and sharply contested testimony on Senate Bill 11-79, which would require courts to consider evidence that a defendant was subjected to ongoing domestic abuse that contributed to criminal behavior and — if proven by a preponderance of evidence — treat that showing as a substantial and compelling reason supporting a downward sentencing departure, even where a mandatory sentence otherwise applies.

Under the bill’s overview, a sentencing court must consider whether domestic abuse was ongoing when the defendant’s criminal behavior occurred and whether that abuse contributed to the behavior; if established by a preponderance of the evidence, the bill would permit a court to impose a lesser sentence and would authorize resentencing petitions for people currently serving sentences. The measure also would create a task force on services and support for incarcerated domestic-violence survivors and requires circuit courts to issue an order granting or denying a…