Senate Bill S2177

2009-2010 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S2177 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §35.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S266
2013-2014: S387
2015-2016: S127
2017-2018: S4934

2009-S2177 (ACTIVE) - Summary

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.

2009-S2177 (ACTIVE) - Sponsor Memo

2009-S2177 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2177

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

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.
                                                           LBD00072-01-9


              

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