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S04934 Summary:

Amd 35.10, Pen L
Limits the degree of physical force a parent, guardian, or other person entrusted with the care of a child or incompetent, may use to discipline or otherwise protect the welfare of such person.
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S04934 Memo:

Memo not available
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S04934 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
        Introduced  by Sens. DIAZ, PARKER -- 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:
     1    Section 1. Subdivision 1 of section 35.10 of the penal law, as amended
     2  by chapter 930 of the laws of 1974, is amended to read as follows:
     3    1.  A  parent,  guardian  or  other person entrusted with the care and
     4  supervision of a person under the age of twenty-one  or  an  incompetent
     5  person, and a teacher or other person entrusted with the care and super-
     6  vision  of  a  person under the age of twenty-one for a special purpose,
     7  may use physical force, except if such physical force leads  to  signif-
     8  icant  physical  or  emotional  harm  constituting  an offense upon such
     9  person, but not deadly physical force, upon such person when and to  the
    10  extent  that  he reasonably believes it necessary to maintain discipline
    11  or to promote the welfare of such person.
    12    § 2. This act shall take effect on the first of November next succeed-
    13  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.
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