HB 491 - AS AMENDED BY THE HOUSE
11Mar2015… 0721h
2015 SESSION
15-0522
04/03
HOUSE BILL 491
AN ACT relative to immunity for school personnel using reasonable force to protect a minor.
SPONSORS: Rep. Gidge, Hills 33; Rep. Guerette, Hills 33
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 pupil or minor from the premises under certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0721h
15-0522
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
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 RSA 627:6, II(a) is repealed and reenacted to read as follows: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 safety, or to remove such minor or pupil from the premises when the minor’s or pupil’s behavior or continued presence on the premises would constitute a danger to that individual, or to other children or adults present. Conduct which is justifiable under this subparagraph constitutes a defense to any offense. The fact that such conduct is justifiable shall constitute a complete defense to any civil action based on such conduct.
2 Effective Date. This act shall take effect 60 days after its passage.