| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 03, 2017 |
referred to codes |
Senate Bill S4934
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
co-Sponsors
(D, WF) 21st Senate District
2017-S4934 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §35.10, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2177
2011-2012: S266
2013-2014: S387
2015-2016: S127
2017-S4934 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4934
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 cannot be used if it
leads to emotional or physical harm, including death.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1. Amends Section 35.10 (1) 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
2017-S4934 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4934
2017-2018 Regular Sessions
I N S E N A T E
March 3, 2017
___________
Introduced by Sens. DIAZ, PARKER -- 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.
§ 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.
LBD07134-01-7
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