17-10-22. Consideration of past violence or abuse against defendant during sentencing.

At the time of sentencing, the defendant may present evidence that he or she was subjected to acts of family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, and that such acts were a significant contributing factor for the offense for which the defendant is being sentenced. The rules of evidence shall apply to such presentation of evidence except that the following evidence shall be admissible:#

1. (1)

   Hearsay;#

2. (2)

   Character evidence;#

3. (3)

   Evidence indicating the defendant sought law enforcement assistance;#

4. (4)

   Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider;#

5. (5)

   Evidence indicating the defendant sought medical attention;#

6. (6)

   Evidence of prior statements regarding the acts of family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively;#

7. (7)

   Evidence of the effects of battering and post-traumatic stress disorder on the defendant;#

8. (8)

   Evidence pertaining to the alleged perpetrator’s history of other acts of family violence, dating violence or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, including, but not limited to, temporary protective order petitions, ex parte orders, and final orders in which the alleged perpetrator is the respondent;#

9. (9)

   Expert testimony, including facts and circumstances relating to the family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that are the bases of such expert’s opinion; and#

10. (10)

    Any other evidence that the court determines is of sufficient credibility or probative value.#

The court shall impose a sentence as provided in subsection (c) of this Code section if the court finds that:#

1. (1)

   By a preponderance of the evidence, the defendant was subjected to acts of family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, and such acts were a significant contributing factor to the offense; or#

2. (2)

   The best interest of justice and welfare of society would be served; provided, however, that such finding shall only be entered with the consent of the state.#

Upon a finding provided for in subsection (b) of this Code section:#

1. (1)

   A person convicted of a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than ten years nor more than 30 years. In the court’s discretion, the judge may depart from such mandatory minimum sentence when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. Notwithstanding any other provision of law to the contrary, such sentence may be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections.#

2. (2)

   A person convicted of a felony other than a felony punishable by death or life imprisonment shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced, by one-half the maximum fine to which he or she could have been subjected, or both.#