Help Support Bill A489

We the undersigned support Bill A489 sponsored by Assemblyman David Koon (135th Assembly District), which states the following:


BILL NUMBER: A489


When a person commits an act of domestic violence in the presence of a
child, both the victim of the assault and the child are harmed. In
order to reduce domestic violence, it is important that the person
committing the violent act not only be punished for the assault, but
also be punished for the separate and distinct offense of endangering
the welfare of a child if the violent act occurs in the presence of a
child. Currently, there is no law which addresses this important
child safety issue.


TITLE OF BILL: An act to amend the penal law, in relation to
endangering the welfare of a child by committing a physical assault in
such childs presence

SUMMARY OF PROVISIONS: Section 1 amends section 260.10 of the Penal
Law to provide two new subsections 2 and 3 as follows:

Section 2 - With intent to cause physical injury to a member of the
same family or household, as defined by Section 530.11 of the Criminal
Procedure Law, he or she causes such injury to such person in the
presence of a child less than seventeen years old; or

Section 3 - He or she recklessly causes physical injury to a member of
the same family or household, as defined by Section 530.11 of the
Criminal Procedure Law, in the presence of a child less than seventeen
years old.

Old subsection 2 shall be renumbered subsection 4.

Section 2: Sets the effective date.

PURPOSE AND JUSTIFICATION: To discourage domestic violence and
protect the safety of children by creating the crime of endangering
the welfare of a child if a person commits a violent act in the
presence of a child.