Assembly Unanimously Gives Final Passage To A Bipartisan Measure Cracking Down On 'Shaken Baby Syndrome'

'Cynthia's Law' Significantly Increases Penalties For Child Abuse; Eases Burden of Proof

Assembly Speaker Sheldon Silver and Assemblyman J. Gary Pretlow today announced the house gave unanimous final passage to a bipartisan measure targeting 'Shaken Baby Syndrome." The bill (A.10539/S.7008) would impose significantly increased penalties for this form of child abuse and establish new definitions of reckless assault of a child, thereby easing the burden of proof for district attorneys seeking prosecution. The lawmakers noted that the companion bill, sponsored by Senator Nicholas Spano, passed the Senate yesterday and was being sent to the governor for approval.

The proposal would establish the new crime of reckless assault of a child as a class D violent felony punishable by up to seven years in prison. The bill also provides for an educational campaign to inform the public of the harm that may result from shaking a child less than five years of age.

"Shaken Baby Syndrome" describes the injuries that may occur when an infant or toddler is severely or violently shaken. According to the American Academy of Pediatrics, "Shaken Baby Syndrome" most often occurs when a parent or other caregiver shakes a baby because of anger or frustration, often because the baby would not stop crying.

"Persons who recklessly cause brain injury to young children in this manner deserve severe punishment. As a state we have a moral obligation to ensure that those who harm children are brought to justice. This bill takes important steps toward bringing these criminals to justice," said Silver (D-Manhattan).

"Every year, a tragic number of New York's infants and children become victims of violent shaking at the hands of the very adults who are entrusted with their care. The frustrations of the caregiver are manifested in such a horrific manner. It is incomprehensible that there are people who continue to make innocent children pay for their own inadequacies. I look forward to swift action by the governor in approving this important legislation," said Pretlow (D-Mount Vernon), the bill's sponsor.

The bill would enact "Cynthia's Law" which is named in memory of Cynthia Gibbs, a Yonkers infant who was killed in 2000 at the hands of a child care provider who shook her with such intensity it caused her death. Cynthia's father Darryl Gibbs is expected to be on the floor of the Assembly to witness the house action approving this bill. The measure builds on a 2004 law requiring hospitals and birthing centers to request that maternity patients and fathers view a video presentation on the dangers of shaking infants (Chapter 219 of 2004).

"My 8-month-old daughter Cynthia was a victim of Shaken Baby Syndrome and died from massive brain damage after being shaken and slammed. I also dedicate "Cynthia's Law" to Sarah Jane Donohue, a New York City baby who was a victim of 'Shaken Baby Syndrome' on June 10, 2005. Baby Sarah survived her assault with serious brain damage. My personal loss has driven me to protect our smallest persons. The 250,000 babies born in New York every year deserve all the protection we can give them under the law," said Gibbs, a victim advocate and the founder of the Cynthia Gibbs Foundation.

Praising his tireless advocacy on behalf of children throughout the state, the lawmakers noted that Gibbs' unwavering activism and commitment were primarily responsible for the bipartisan bill.

The lawmakers said the bill sought to address specific weaknesses in current law due to the difficulty in identifying the consequences of these attacks. In many cases where the victim survives, the effects of "Shaken Baby Syndrome" often are not evident until much later, as the baby fails to reach age-appropriate developmental milestones. Even with excellent medical treatment and care, the baby may suffer from intellectual, motor, or visual deficits for a lifetime.

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