H.R. 6471

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6471 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6471

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

December 4, 2025

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.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Justice in Sentencing for Survivors 
Act of 2025''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Although the United States has less than 5 percent of 
the world's population, the United States has one of the 
highest rates of incarceration in the world, with over 
1,900,000 people incarcerated in state and Federal prisons, 
local jails, juvenile correctional facilities, immigration 
detention facilities, and jails operated by Tribal authorities.
(2) Between 1980 and 2024, the number of incarcerated women 
increased by more than 625 percent, rising from a total of 
26,326 in 1980 to 190,600 in 2024.
(3) More than 77 million people in the United States have a 
criminal record, creating barriers to housing, jobs, 
healthcare, and food assistance, among many other collateral 
consequences.
(4) Survivors of abuse and sex trafficking are often 
punished by the United States legal system.
(5) One study found, of incarcerated women--
(A) 86 percent report having experienced sexual 
violence in their lifetime;
(B) 77 percent report partner violence; and
(C) 60 percent report caregiver violence.
(6) Rates of childhood and adult trauma are notably 
elevated among incarcerated men.

SEC. 3. SENTENCING OFFENDERS WHO ARE SURVIVORS OF ABUSE.

(a) Sentencing Victim Offenders.--Notwithstanding any other 
provision of law, in the case of a victim offender, the court shall 
have the authority to impose a sentence that is below the minimum 
sentence established by statute in consideration of any sexual assault, 
stalking, dating violence, domestic violence, or severe forms of 
trafficking in persons experienced by the victim offender.
(b) Imposing Alternative Sentence.--Notwithstanding any other 
provision of law, the court shall have the authority to impose a 
sentence of probation, community confinement or a combination thereof, 
in consideration of any sexual assault, stalking, dating violence, 
domestic violence, or severe forms of trafficking in persons 
experienced by the victim offender.
(c) Certain Considerations.--A victim offender may be eligible for 
the imposition of a sentence pursuant to subsection (a) or an 
alternative sentence pursuant to subsection (b) even if--
(1) any sexual assault, stalking, dating violence, domestic 
violence, or severe forms of trafficking in persons experienced 
by victim offender--
(A) did not result in physical injury;
(B) was not experienced for a long period of time; 
or
(C) did not occur contemporaneously with the 
commission of the offense; or
(2) the offense was committed against someone other than 
the perpetrator of the sexual assault, stalking, dating 
violence, domestic violence, or severe forms of trafficking in 
persons experienced by the victim offender.
(d) Consideration of Certain Evidence.--
(1) In general.--The victim offender's ability or failure 
to offer evidence to the court prior to sentencing with respect 
to any sexual assault, stalking, dating violence, domestic 
violence, or severe forms of trafficking in persons experienced 
by the victim offender shall not determine their eligibility 
for the imposition of a sentence pursuant to subsection (a) or 
an alternative sentence pursuant to subsection (b).
(2) Affidavit.--In determining whether relief is 
appropriate under subsection (a) or (b), the court may consider 
an affidavit that demonstrates, by a preponderance of the 
evidence, that the victim offender has experienced physical, 
emotional, sexual, or psychological abuse, trauma, or neglect.
(e) Applicability.--
(1) Pending cases.--This Act shall apply to any sentence 
imposed on, or after the date of the enactment of this Act.
(2) Past cases.--In the case of a victim offender who, 
before the date of enactment of this Act, was convicted or 
sentenced for a Federal offense, the sentencing court may, on 
motion of the victim offender, the Bureau of Prisons, the 
attorney for the Government, or on its own motion, impose a 
sentence in accordance with subsections (a) or (b).
(f) Directive to United States Sentencing Commission.--Pursuant to 
its authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall review and amend the Federal 
sentencing guidelines and the policy statements of the Commission, as 
appropriate, to include as a factor to be considered in imposing a 
sentence any sexual assault, stalking, dating violence, domestic 
violence, or severe forms of trafficking in persons experienced by a 
victim offender.
(g) Definitions.--In this Act:
(1) Dating violence.--The term ``dating violence'' means 
violence committed by a person--
(A) who is or has been in a social relationship of 
a romantic or intimate nature with the victim; and
(B) where the existence of such a relationship 
shall be determined based on a consideration of the 
following factors:
(i) The length of the relationship.
(ii) The type of relationship.
(iii) The frequency of interaction between 
the persons involved in the relationship.
(2) Domestic violence.--The term ``domestic violence'' 
includes felony or misdemeanor crimes committed by a current or 
former spouse or intimate partner of the victim under the 
family or domestic violence laws of the jurisdiction receiving 
grant funding and, in the case of victim services, includes the 
use or attempted use of physical abuse or sexual abuse, or a 
pattern of any other coercive behavior committed, enabled, or 
solicited to gain or maintain power and control over a victim, 
including verbal, psychological, economic, or technological 
abuse that may or may not constitute criminal behavior, by a 
person who--
(A) is a current or former spouse or intimate 
partner of the victim, or person similarly situated to 
a spouse of the victim;
(B) is cohabitating, or has cohabitated, with the 
victim as a spouse or intimate partner;
(C) shares a child in common with the victim; or
(D) commits acts against a youth or adult victim 
who is protected from those acts under the family or 
domestic violence laws of the jurisdiction.
(3) Sex offense.--The term ``sex offense'' shall have the 
meaning given such term in section 111 of the Adam Walsh Child 
Protection and Safety Act of 2006 (34 U.S.C. 20911).
(4) Sexual assault.--The term ``sexual assault'' means any 
nonconsensual sexual act proscribed by Federal, tribal, or 
State law, including when the victim lacks capacity to consent.
(5) Severe forms of trafficking in persons.--The term 
``severe forms of trafficking in persons'' shall have the 
meaning given such term in section 103 of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7102).
(6) Stalking.--The term ``stalking'' means engaging in a 
course of conduct directed at a specific person that would 
cause a reasonable person to--
(A) fear for his or her safety or the safety of 
others; or
(B) suffer substantial emotional distress.
(7) Victim offender.--The term ``victim offender'' includes 
an individual--
(A) who has experienced sexual assault, stalking, 
dating violence, domestic violence, or severe forms of 
trafficking in persons;
(B) for whom such abuse was a significant 
contributing factor in the offender's criminal 
behavior; and
(C) who has not been convicted of a sex offense.
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