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BILL NUMBER:S266               REVISED 12/30/11

TITLE OF BILL:

An act to amend the penal law, in relation to use of physical force by a parent, guardian, teacher or other caregiver

PURPOSE OR GENERAL IDEA OF BILL:

It makes an exception to the use of physical force by a parent, guardian or teacher so that such physical force can not be used if it leads to emotional or physical harm, including death.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Amends Section 35.10 subdivision I of the Penal Law. Limits physical force used by a parent, guardian or teacher to physical force that does not constitute an offense upon such person.

Section 2 - Effective Date

EXISTING LAW:

Subdivision 1 Section 35.10 of the Penal Law allows a parent, guardian or other person entrusted with the care of someone under the age of twenty-one to use physical, but not deadly physical force, if the person in authority believes the force is needed to maintain discipline or promote the welfare of the person upon whom the force is used.

JUSTIFICATION:

Currently the penal law allows the use of physical force, other than deadly force, to be used by a parent, guardian or teacher to the extent that he reasonably believes it necessary to maintain discipline. This bill stipulates that the force used to maintain discipline can not lead to physical or emotional harm.

PRIOR LEGISLATIVE HISTORY:

2011:    S.266 Discharged from Codes and Committed to Education 2009-10: S.2177 - Referred to Codes/A.266 - Enacting Clause Stricken 2007-08: A.1723 - Referred to Codes

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall become a law.

 

Text

STATE OF NEW YORK
________________________________________________________________________

266

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to use of physical force by a
  parent, guardian, teacher or other caregiver

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 35.10 of the penal law, as amended
by chapter 930 of the laws of 1974, is amended to read as follows:
  1.  A  parent,  guardian  or  other person entrusted with the care and
supervision of a person under the age of twenty-one  or  an  incompetent
person, and a teacher or other person entrusted with the care and super-
vision  of  a  person under the age of twenty-one for a special purpose,
may use physical force, EXCEPT IF SUCH PHYSICAL FORCE LEADS  TO  SIGNIF-
ICANT  PHYSICAL  OR  EMOTIONAL  HARM  CONSTITUTING  AN OFFENSE UPON SUCH
PERSON, but not deadly physical force, upon such person when and to  the
extent  that  he reasonably believes it necessary to maintain discipline
or to promote the welfare of such person.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02211-01-1