New Jersey Senate Bill S745

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

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

Impact

If enacted, this bill would create a dual framework for prosecution when domestic violence acts occur in the presence of a child. Offenders could face charges for the underlying act of domestic violence as well as a separate charge for committing this act in the presence of a child. Notably, the new law does not require a conviction for the underlying offense to secure a conviction under this bill, potentially increasing accountability for perpetrators. This change could lead to harsher penalties given that convictions would not merge, necessitating separate sentences for each charge.

Summary

Senate Bill 745 establishes a new crime in New Jersey characterized as committing an act of domestic violence in the presence of a child. This act applies specifically when the crime occurs while a child, aged 16 or younger, is either physically present or is known to be present by the offender. Under existing state laws, domestic violence includes acts such as assault, sexual assault, or threats against protected individuals. The bill aims to reinforce the seriousness of domestic violence incidents occurring in the presence of children, highlighting the exposure of minors to such acts.

Contention

The bill has sparked discussions among lawmakers regarding the implications of increased penalties for domestic violence that involves children. Supporters argue that it provides greater protection for vulnerable witnesses, ensuring that acts of violence witnessed by children are treated with utmost severity. Conversely, some critics question whether the intended deterrent effect will be realized or if it may inadvertently complicate the legal process for victims, who might face challenges within the system when additional charges are involved. The necessity and effectiveness of the bill's provisions will likely remain points of contention as discussions progress.