Limits the degree of physical force a parent, guardian, or other person entrusted with the care of a child or incompetent, may use to discipline or otherwise protect the welfare of such person.
- Jan 9, 2013: REFERRED TO CODES
BILL NUMBER:S387 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: 2012: S.266 - Referred to Education 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.
S T A T E O F N E W Y O R K ________________________________________________________________________ 387 2013-2014 Regular Sessions I N SENATE (PREFILED) January 9, 2013 ___________ 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. LBD00440-01-3