SD HB1214

Courts must consider a defendant's history as a victim of abuse (physical, psychological, or sexual) as a mitigating factor at sentencing, requiring documentary evidence such as court records, hospital records, law enforcement records, or protective orders

When abuse is proven by clear and convincing evidence and substantially contributed to the crime, mandatory sentence reductions apply: life without parole reduced to 35 years or less, life with parole reduced to 30 years or less, and term-of-years sentences reduced by at least one-third

For violent crimes, the defendant must prove their victim was the same person who perpetrated the abuse against them to qualify for sentence reductions

Individuals currently incarcerated for offenses committed before July 1, 2026 may apply for resentencing under these provisions, with the court required to hold a hearing within 30 days if documentation requirements are met

Exclusions apply to Class A felonies and any offense requiring sex offender registration, and appeals of resentencing decisions may be taken directly to the South Dakota Supreme Court