senate Bill S387

2013-2014 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S387 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง35.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S266
2009-2010: S2177

S387 - 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.

S387 - Sponsor Memo

S387 - Bill Text download pdf

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

                                   387

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.