Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Feb 13, 2009 |
referred to codes |
Senate Bill S2177
2009-2010 Legislative Session
Sponsored By
(D) Senate District
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
Actions
2009-S2177 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยง35.10, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S266
2013-2014: S387
2015-2016: S127
2017-2018: S4934
2009-S2177 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2177 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 : An amendment that limits physical force used by a parent, guardian or teacher to physical force that does not constitute an offense upon such person. 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 : 2007-2008 - A.1723
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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