Rep. Bridge Kosierowski, D-Tucker, is pictured taking her oath of office recently in Harrisburg.

By JOHN WHITTAKER

jwhittaker@post-journal.com

Domestic violence survivors in Pennsylvania could receive leniency in related criminal cases under legislation being considered by the state Legislature.

Rep. Bridget Kosierwski, D-Tucket, recently introduced House Bill 181. The proposal would amend Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes providing for criminal prosecutions involving domestic violence survivors post-conviction relief.

Kosierowski’s bill has been referred to the House of Representatives’ Judiciary Committee.

“A number of domestic violence survivors are coerced into criminal activity by their abusers, who threaten their family, friends, loved ones, and even family pets, while some survivors fight back against their abuser to defend their lives and the lives of their children,” Kosierowski wrote in her legislative memorandum. “This can lead to domestic violence survivors becoming trapped between the dangers of sometimes life-threatening violence and the trauma of long prison sentences. With more than 12 million men and women experiencing rape, physical violence, or stalking by an intimate partner, and with nearly 60 percent of women in prison having had a history of physical or sexual abuse before incarceration, something must be done to stop the cycle of continued victimization.”

New York and Illinois have similar laws that require individuals who were survivors of domestic violence at the time of an offense have their history of domestic violence taken into account during sentencing and be provided with shorter sentences or alternative sentences.

In New York, judges are allowed judges to reduce prison sentences and redirect sentencing from incarceration to community-based programs. The Domestic Violence Survivors Justice Act allowed some people in jail when the law passed to apply for re-sentencing and earlier release.

Kosierowski’s proposal would require domestic violence victims to show that the violence was a significant contributing factor to their participation in the offense. Those convicted of first degree or aggravated murder, sex offenses, or acts of terrorism would be excluded. Individuals who are in jail and were sentenced before the enactment of the legislation would be eligible for resentencing.

“There is no reason to lock up domestic violence survivors who have already suffered so much at the hands of their abusers,” Kosierowski wrote in her legislative memorandum. “Incarcerating individuals who have committed crimes without taking their victimization into account is unethical, inhumane, and perpetuates victim blaming. As representatives, it is our job to show that we understand and support our constituents who face the unimaginable — pain and cruelty at the hands of someone they love. Please join me in backing this legislation to continue to help domestic violence survivors across Pennsylvania.”

Kosierowski is starting her first full term in Harrisburg after winning a special election in March 2019 to replace Rep. Sid Kavulich, who died unexpectedly in 2018 following complications from surgery.