Revision: March 31, 2011, midnight
HB 375 – AS AMENDED BY THE HOUSE
23Feb2011… 0157h
30Mar2011… 1128h
2011 SESSION
04/05
HOUSE BILL 375
AN ACT relative to immunity for school personnel using reasonable force to protect a minor for special purposes or pupil.
SPONSORS: Rep. D. McGuire, Merr 8; Rep. Oligny, Rock 8; Rep. Sorg, Graf 3; Rep. Gidge, Hills 24
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 minor for special purposes or 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
30Mar2011… 1128h
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 a minor for special purposes or pupil.
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 or pupil is justified [on the premises] during the care and supervision of the minor or pupil in using [necessary] reasonable force against any such minor or pupil, when the minor or 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 such minor or 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.