Bill Text - HB1583 (2012)

Relative to immunity for school personnel using reasonable force to protect a minor.


Revision: Dec. 21, 2011, midnight

HB 1583 – AS INTRODUCED

2012 SESSION

12-2405

04/01

HOUSE BILL 1583

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

SPONSORS: Rep. D. McGuire, Merr 8; Rep. Gidge, Hills 24; Rep. Oligny, Rock 8; Rep. Sorg, Graf 3; Rep. W. Smith, Rock 18; Rep. Hoell, Merr 13; Rep. Nevins, Rock 15; Rep. F. Rice, Rock 15; Rep. Lauer-Rago, Merr 2; Rep. L. Jones, Straf 1; Sen. Groen, Dist 6

COMMITTEE: Education

ANALYSIS

This bill permits a teacher or other person entrusted with the care or supervision of a minor or pupil to use reasonable force to end a disturbance, to maintain safety, or to remove the minor or pupil from the premises.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2405

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

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

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

1 Physical Force by Persons with Special Responsibilities. RSA 627:6, II(a) is repealed and reenacted to read as follows:

(a) A teacher or person otherwise entrusted with the care or supervision of a minor for special purposes or pupil may use reasonable force against any such minor or pupil when and to the extent that he or she may reasonably believe it necessary, to end a disturbance, to maintain decorum or safety, or to remove such minor or pupil from the premises. Conduct which is justifiable under this subparagraph shall render the teacher or other person entrusted with the care or supervision of a minor or pupil immune from civil action based on such conduct.

2 Effective Date. This act shall take effect 60 days after its passage.