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 such person

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.