This bill proposes that acts of domestic violence or child endangerment committed during a declared state of emergency may be classified one degree higher than the underlying offense. Specifically, it allows prosecutors the discretion to elevate the classification of such offenses if they occur during a national, state, or county emergency. This change aims to address the heightened risks and vulnerabilities that may arise during emergencies, thereby providing a stronger legal response to these serious offenses.
Currently, the law allows for the arrest and filing of criminal complaints for domestic violence if there is probable cause, particularly when certain conditions are met, such as the presence of injuries or violations of existing orders. The proposed legislation builds on this framework by introducing the provision that enhances the classification of offenses during emergencies, thereby potentially increasing penalties for offenders and reinforcing the seriousness of these crimes in critical situations.