I 

118TH CONGRESS 

2D SESSION H. R. 8615 

To authorize the court to impose a sentence that is below the minimum 

statutory sentence in the case of a victim offender. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2024 

Mr. MORELLE (for himself and Mrs. DINGELL) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To authorize the court to impose a sentence that is below 

the minimum statutory sentence in the case of a victim 

offender. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice in Sentencing 

5 for Survivors Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Although the United States has less than 5 

9 percent of the world’s population, the United States 

10 has one of the highest rate of incarceration in the 


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1 world, with over 1,900,000 people incarcerated in 

2 state and Federal prisons, local jails, juvenile correc3 tional facilities, immigration detention facilities, and 

4 jails operated by Tribal authorities. 

5 (2) Between 1980 and 2021, the number of in6 carcerated women increased by more than 525 per7 cent, rising from a total of 26,326 in 1980 to 

8 168,449 in 2021. 

9 (3) More than 79 million people in the United 

10 States have a criminal record, creating barriers to 

11 housing, jobs, healthcare, and food assistance, 

12 among many other collateral consequences. 

13 (4) Survivors of abuse and sex trafficking are 

14 often punished by the United States legal system. 

15 (5) One study found, of incarcerated women— 

16 (A) 86 percent report having experienced 

17 sexual violence in their lifetime; 

18 (B) 77 percent report partner violence; and 

19 (C) 60 percent report caregiver violence. 

20 (6) Rates of childhood and adult trauma are 

21 notably elevated among incarcerated men. 

22 SEC. 3. SENTENCING OFFENDERS WHO ARE SURVIVORS OF 

23 ABUSE. 

24 (a) SENTENCING VICTIM OFFENDERS.—Notwith25 standing any other provision of law, in the case of a victim 


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1 offender, the court shall have the authority to impose a 

2 sentence that is below the minimum sentence established 

3 by statute in consideration of any sexual assault, stalking, 

4 dating violence, domestic violence, or severe forms of traf5 ficking in persons experienced by the victim offender. 

6 (b) IMPOSING ALTERNATIVE SENTENCE.—Notwith7 standing any other provision of law, the court shall have 

8 the authority to impose a sentence of probation, commu9 nity confinement or a combination thereof, in consider10 ation of any sexual assault, stalking, dating violence, do11 mestic violence, or severe forms of trafficking in persons 

12 experienced by the victim offender. 

13 (c) CERTAIN CONSIDERATIONS.—A victim offender 

14 may be eligible for the imposition of a sentence pursuant 

15 to subsection (a) or an alternative sentence pursuant to 

16 subsection (b) even if— 

17 (1) any sexual assault, stalking, dating violence, 

18 domestic violence, or severe forms of trafficking in 

19 persons experienced by victim offender— 

20 (A) did not result in physical injury; 

21 (B) was not experienced for a long period 

22 of time; or 

23 (C) did not occur contemporaneously with 

24 the commission of the offense; or 


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1 (2) the offense was committed against someone 

2 other than the perpetrator of the sexual assault, 

3 stalking, dating violence, domestic violence, or severe 

4 forms of trafficking in persons experienced by the 

5 victim offender. 

6 (d) CONSIDERATION OF CERTAIN EVIDENCE.— 

7 (1) IN GENERAL.—The victim offender’s ability 

8 or failure to offer evidence to the court prior to sen9 tencing with respect to any sexual assault, stalking, 

10 dating violence, domestic violence, or severe forms of 

11 trafficking in persons experienced by the victim of12 fender shall not determine their eligibility for the im13 position of a sentence pursuant to subsection (a) or 

14 an alternative sentence pursuant to subsection (b). 

15 (2) AFFIDAVIT.—In determining whether relief 

16 is appropriate under subsection (a) or (b), the court 

17 may consider an affidavit that demonstrates, by a 

18 preponderance of the evidence, that the victim of19 fender has experienced physical, emotional, sexual, 

20 or psychological abuse, trauma, or neglect. 

21 (e) APPLICABILITY.— 

22 (1) PENDING CASES.—This Act shall apply to 

23 any sentence imposed on, or after the date of the en24 actment of this Act. 


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1 (2) PAST CASES.—In the case of a victim of2 fender who, before the date of enactment of this Act, 

3 was convicted or sentenced for a Federal offense, the 

4 sentencing court may, on motion of the victim of5 fender, the Bureau of Prisons, the attorney for the 

6 Government, or on its own motion, impose a sen7 tence in accordance with subsections (a) or (b). 

8 (f) DIRECTIVE TO UNITED STATES SENTENCING

9 COMMISSION.—Pursuant to its authority under section 

10 994(p) of title 28, United States Code, the United States 

11 Sentencing Commission shall review and amend the Fed12 eral sentencing guidelines and the policy statements of the 

13 Commission, as appropriate, to include as a factor to be 

14 considered in imposing a sentence any sexual assault, 

15 stalking, dating violence, domestic violence, or severe 

16 forms of trafficking in persons experienced by a victim of17 fender. 

18 (g) DEFINITIONS.—In this Act: 

19 (1) DATING VIOLENCE.—The term ‘‘dating vio20 lence’’ means violence committed by a person— 

21 (A) who is or has been in a social relation22 ship of a romantic or intimate nature with the 

23 victim; and 


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1 (B) where the existence of such a relation2 ship shall be determined based on a consider3 ation of the following factors: 

4 (i) The length of the relationship. 

5 (ii) The type of relationship. 

6 (iii) The frequency of interaction be7 tween the persons involved in the relation8 ship. 

9 (2) DOMESTIC VIOLENCE.—The term ‘‘domestic 

10 violence’’ includes felony or misdemeanor crimes 

11 committed by a current or former spouse or intimate 

12 partner of the victim under the family or domestic 

13 violence laws of the jurisdiction receiving grant fund14 ing and, in the case of victim services, includes the 

15 use or attempted use of physical abuse or sexual 

16 abuse, or a pattern of any other coercive behavior 

17 committed, enabled, or solicited to gain or maintain 

18 power and control over a victim, including verbal, 

19 psychological, economic, or technological abuse that 

20 may or may not constitute criminal behavior, by a 

21 person who— 

22 (A) is a current or former spouse or inti23 mate partner of the victim, or person similarly 

24 situated to a spouse of the victim; 


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1 (B) is cohabitating, or has cohabitated, 

2 with the victim as a spouse or intimate partner; 

3 (C) shares a child in common with the vic4 tim; or 

5 (D) commits acts against a youth or adult 

6 victim who is protected from those acts under 

7 the family or domestic violence laws of the ju8 risdiction. 

9 (3) SEX OFFENSE.—The term ‘‘sex offense’’ 

10 shall have the meaning given such term in section 

11 111 of the Adam Walsh Child Protection and Safety 

12 Act of 2006 (34 U.S.C. 20911). 

13 (4) SEXUAL ASSAULT.—The term ‘‘sexual as14 sault’’ means any nonconsensual sexual act pro15 scribed by Federal, tribal, or State law, including 

16 when the victim lacks capacity to consent. 

17 (5) SEVERE FORMS OF TRAFFICKING IN PER18 SONS.—The term ‘‘severe forms of trafficking in 

19 persons’’ shall have the meaning given such term in 

20 section 103 of the Trafficking Victims Protection 

21 Act of 2000 (22 U.S.C. 7102). 

22 (6) STALKING.—The term ‘‘stalking’’ means 

23 engaging in a course of conduct directed at a spe24 cific person that would cause a reasonable person 

25 to— 


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1 (A) fear for his or her safety or the safety 

2 of others; or 

3 (B) suffer substantial emotional distress. 

4 (7) VICTIM OFFENDER.—The term ‘‘victim of5 fender’’ includes an individual— 

6 (A) who has experienced sexual assault, 

7 stalking, dating violence, domestic violence, or 

8 severe forms of trafficking in persons; 

9 (B) for whom such abuse was a significant 

10 contributing factor in the offender’s criminal 

11 behavior; and 

12 (C) who has not been convicted of a sex of13 fense. 

Æ 


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