Bill Text - HB375 (2011)

(2nd New Title) relative to immunity for school personnel using reasonable force to protect a minor for special purposes or pupil.


Revision: March 30, 2011, midnight

HB 375 – AS AMENDED BY THE HOUSE

23Feb2011… 0157h

2011 SESSION

11-0427

04/05

HOUSE BILL 375

AN ACT relative to immunity for school personnel using reasonable force to protect pupils.

SPONSORS: Rep. D. McGuire, Merr 8; Rep. Oligny, Rock 8; Rep. Sorg, Graf 3; Rep. Gidge, HillsĀ 24

COMMITTEE: Judiciary

ANALYSIS

This bill provides civil and criminal immunity for good faith acts or omissions performed by teachers or persons otherwise entrusted with the care or supervision of a pupil.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Feb2011… 0157h

11-0427

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to immunity for school personnel using reasonable force to protect pupils.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Physical Force by Persons with Special Responsibilities. Amend RSA 627:6, II to read as follows:

II.(a) A teacher or person otherwise entrusted with the care or supervision of a [minor for special purposes] pupil is justified [on the premises] during the care and supervision of the pupil in using [necessary] reasonable force against any such [minor] pupil, when the [minor] pupil creates a disturbance, or refuses to leave the premises, or when it is necessary for the maintenance of discipline. A teacher or person otherwise entrusted with the care or supervision of a pupil shall be immune from any civil or criminal liability for any act or omission performed in good faith and in accordance with this paragraph.

(b) In a child care program licensed or exempt from licensure under RSA 170-E, necessary force shall be limited to the minimum physical contact necessary to protect the child, other children present, the staff, or the general public from harm.

2 Effective Date. This act shall take effect August 1, 2011.