Senator Kemp Hannon announced Cynthia's Law was signed into law, creating the new crime of Reckless Assault of a Child in order to appropriately punish someone who recklessly causes serious physical injury to the brain of a young child by shaking, slamming or throwing the child.

Cynthia's Law will also amend the Public Health Law to require the Department of Health to develop and implement a new public information and education campaign on Shaken Baby Syndrome. The law is named for Cynthia Gibbs, who was 8 months old Nov. 17, 2000 when she died at the hands of her babysitter from a depressed skull fracture and bleeding on both sides of her brain.

Senator Hannon, chair of the Senate Health Committee, said, "As a father of two, I know every parent's worst nightmare is losing a child. The Gibbs family has endured this nightmare, yet found the strength to fight for a change that will truly make a difference in the way we prosecute similar crimes in New York State in the future.

"I am proud this new law will ensure that if anyone recklessly causes serious physical injury to the brain of a child less than 5 years old, that person will be more appropriately punished," Senator Hannon said. "And we won't stop there. We are also going to find even more ways to educate the public about the dangers inherent in shaking young children with the hope of preventing the tragedy from occurring in the first place."

Cynthia's Law amends the Penal Law by creating the new crime of Reckless Assault of a Child, a Class D Violent Felony Offense (VFO), which could result in a determinate term of between two and seven years in state prison, in order to appropriately punish someone 18 years of age or older who recklessly causes serious physical injury to the brain of a child less than 5 years old by shaking, slamming or throwing the child so as to impact the child's head on a hard surface or object.

Cynthia's Law will change the current law that states, if intentional, such violent child abuse can be charged under current law as a Class B VFO, a Class D VFO or a Class A misdemeanor, depending upon the extent of the child's injuries. However, if the abuser's actions were reckless rather than intentional, the Class B VFO could likely be charged only in rare cases demonstrating particularly brutal acts.

This unintended loophole in current law means that unless a prosecutor could prove that the abuser acted with depraved indifference, the reckless abuser can be charged with no more than a Class A misdemeanor.

By creating the new crime of Reckless Assault of a Child, Cynthia's Law will close that loophole and permit a Class D VFO charge, thereby punishing such an abuser more appropriately.

The New York State Department of Health (DOH) has been actively working on the prevention of Shaken Baby Syndrome since 1998. An injury risk awareness prevention packet was distributed to maternity wards, family planning programs, child abuse agencies, local health departments and medical schools statewide.

Under Cynthia's Law, DOH will create a new media and education campaign to include, but not be limited to, production of a video for statewide media distribution, as well as to birthing hospitals and centers.

In addition, the Department has developed several brochures including: Never, Ever, Shake A Baby; Welcome to Parenthood; and Your Guide to A Healthy Birth, which educates caregivers about Shaken Baby Syndrome. The brochures are available in both English and Spanish.

Cynthia's Law will take effect November 1, 2006.