New Jersey Assembly Bill A2667

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

Establishes new crime of domestic violence committed in the presence of a child.

Impact

Under this proposed law, the act of domestic violence in front of a child would be classified as a crime of the fourth degree if it is linked to disorderly or petty disorderly offenses. For more severe underlying offenses, this new charge would be one degree higher. Crucially, this legislation stipulates that a conviction for domestic violence committed in a child's presence would not merge with a conviction for any underlying offense, requiring separate sentences for both. This framework not only enhances the legal repercussions for offenders but also highlights the profound implications such acts may have on child witnesses.

Summary

Assembly Bill A2667, introduced by Assemblywoman Gabriela M. Mosquera, seeks to establish a new crime specifically targeting instances of domestic violence committed in the presence of a child. This legislation outlines that a person can be prosecuted for committing an act of domestic violence if it occurs while a child, aged 16 or younger and related to either the victim or perpetrator, is present or has knowledge of the violence. The significance of the bill lies in its intention to protect children from the traumatic impact of witnessing domestic violence, thereby promoting greater accountability for the offender.

Contention

The introduction of A2667 has sparked discussions on the balance between protecting vulnerable populations and ensuring fair legal standards. Some proponents argue that the bill is a necessary evolution in domestic violence legislation aimed at safeguarding children. They contend that witnessing such violence can profoundly affect a child's mental health and development. Conversely, critics express concerns that this bill may lead to an overreach in prosecution, suggesting that it could impose undue penalties on individuals for acts that might not reflect their overall character or parenting capabilities, particularly in complex domestic situations.