Bill > S639

Introduced Session

This bill provides that an act of domestic violence or child endangerment committed by a person during a state of emergency may be classified one degree higher than the underlying offense. Under current law, a person may be arrested, and a criminal complaint may be filed against a person accused of an act of domestic violence, as that term is defined in the Prevention of Domestic Violence Act of 1991, if the law enforcement officer finds probable cause to believe that the person has committed an act of domestic violence. The law enforcement officer is required to arrest a person and file a criminal complaint if the officer responds to the incident and finds probable cause that an act of domestic violence has occurred and: (1) the victim exhibits signs of injury caused by an act of domestic violence, (2) a warrant is in effect, (3) the person has violated an existing domestic violence order, or (4) there is probable cause to believe that a weapon was involved in the act of domestic violence. Under the bill, an offense for which a criminal complaint is filed against a person for an act of domestic violence or an offense involving endangering the welfare of a child may, at the prosecutor's discretion, be classified one degree higher than the underlying offense if it occurs during a declared period of national, State, or county emergency.

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Declan O'Scanlon (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/11/2022)

Official Document