This bill proposes that acts of domestic violence or child endangerment committed during a declared state of emergency can be classified one degree higher than the underlying offense. The classification change is at the discretion of the prosecutor and applies to offenses defined under the Prevention of Domestic Violence Act of 1991 and violations related to child welfare.
Currently, law enforcement officers are required to arrest individuals and file criminal complaints for domestic violence if they find probable cause, particularly if there are signs of injury, existing warrants, violations of domestic violence orders, or involvement of a weapon. The new legislation aims to enhance penalties for such offenses during emergencies, thereby providing a stronger legal framework to address domestic violence and child endangerment in critical situations.