Bill Text: NH HB1250 | 2020 | Regular Session | Amended


Bill Title: Prohibiting corporal punishment of children in state agency programs.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2020-06-16 - Introduced 06/16/2020, and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8 [HB1250 Detail]

Download: New_Hampshire-2020-HB1250-Amended.html

HB 1250 - AS AMENDED BY THE HOUSE

 

11Mar2020... 1025h

2020 SESSION

20-2532

05/04

 

HOUSE BILL 1250

 

AN ACT prohibiting corporal punishment of children in state agency programs.

 

SPONSORS: Rep. Berrien, Rock. 18; Rep. Altschiller, Rock. 19; Rep. Berch, Ches. 1; Rep. Coursin, Rock. 1; Rep. Murphy, Hills. 21; Rep. Grote, Rock. 24; Rep. Snow, Hills. 19; Sen. Chandley, Dist 11

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill requires state agencies to provide in their policies and procedures related to children that all forms of corporal punishment are prohibited.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 1025h 20-2532

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT prohibiting corporal punishment of children in state agency programs.

 

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

 

1  New Section; Human Service; Use of Corporal Punishment Prohibited.  Amend RSA 161 by inserting after section 13 the following new section:

161:14  Use of Corporal Punishment Prohibited.  

I.  Each state agency shall provide in its policies and procedures related to children that all forms of corporal punishment are prohibited.  

II.  In this section:

(a)  "Agency" means any executive branch department, institution, bureau, or office of the state, engaged in providing services to or for children.  Agency shall include any public or private entity under contract with the department of health and human services or the department of education to provide services to or for a child or children.

(b)  "Child" or "children" means a person under 18 years of age who has not been transferred to the adult criminal justice system, and includes a person under 22 years of age who is attending school and who has not received a high school diploma.

(c)  "Corporal punishment" means any punishment in which physical force is issued and intended to cause some degree of pain or discomfort, and is exclusive of restraint as defined in RSA 126-U:1, IV or physical force used to protect self or others.

2  Physical Force by Persons with Special Responsibilities.  Amend RSA 627:6, II(a) to read as follows:

II.(a)  A teacher or person otherwise entrusted with the care or supervision of a minor for special purposes is justified on the premises in using necessary force against any such minor, when the minor creates a disturbance[,] or refuses to leave the premises, or when it is necessary [for the maintenance of discipline] to prevent injury to self or others.

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

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