MD SB138

Allows defendants to introduce evidence that they were victims of domestic violence and that the abuse was a significant contributing factor to their crime as a mitigating factor at sentencing or sentence modification hearings filed within 5 years of the original sentencing

Applies to crimes of violence (excluding murder and sexual crimes), drug offenses when compelled by an abuser, prostitution/human trafficking when coerced, and various property and financial crimes committed due to domestic violence circumstances

Enables courts to impose sentences below mandatory minimums or sentencing guidelines if domestic violence is found to be a significant contributing factor, with the defendant bearing the burden of proof by preponderance of evidence

Defines domestic violence broadly to include serious bodily harm, assault, rape, false imprisonment, stalking, and revenge porn committed against spouses, cohabitants, family members, co-parents, or sexual partners

Takes effect October 1, 2026, and does not create a defense to prosecution, diminish victims' rights, or authorize sentences exceeding statutory maximums