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.

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S387-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S387-2013 Memo

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.

S387-2013 Text

                      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