Proscribes conduct by a custodian wherein he or she threatens to injure or injures a member of a child's family

BILL NUMBER:S2254

Title of bill

An act to amend the penal law, in relation to endangering the welfare of a child

Purpose of the bill

This bill would proscribe conduct by a parent or custodian which threatens to injure a member of a child's family.

Summary of specific provisions

The bill amends section 260.10 of the penal law "endangering the welfare of a child" by adding a new subdivision 1-a to provide that where a parent or guardian attempts to injure, threaten to injure, knowingly injures or engaged in conduct likely to injure a member of the child's family or household, that person can be charged with and may be found guilty of endangering the welfare of a child--a class A misdemeanor.

Justification

Under current law a charge of Endangering the Welfare of a Child is sufficient if based upon the existence of domestic violence in the home. This amendment would further hold domestic violence offenders criminally accountable for their actions which impact on children. Studies have shown that violence in the home detrimentally impacts on a child's psychological, physical and emotional development. The proposal would add to the sanctions available against the offender. More importantly, it would also add to the protection afforded children exposed to domestic violence, particularly in cases where it is not possible to proceed with a prosecution on the underlying acts of domestic violence. Domestic violence victim advocates and other professionals are proponents of this proposal.

Effective date

Immediately.