Bill Text: NH HB375 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relative to immunity for school personnel using reasonable force to protect a minor for special purposes or pupil.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2011-06-16 - Senate Conference Committee Report; Not Signed Off [HB375 Detail]

Download: New_Hampshire-2011-HB375-Introduced.html

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HB 375 – AS INTRODUCED

2011 SESSION

11-0427

04/05

HOUSE BILL 375

AN ACT relative to immunity for school personnel using necessary force to protect pupils.

SPONSORS: Rep. D. McGuire, Merr 8; Rep. Oligny, Rock 8; Rep. Sorg, Graf 3; Rep. Gidge, Hills 24

COMMITTEE: Judiciary

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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 necessary force to protect pupils.

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] pupil is justified on [the premises] school grounds in using necessary force against any such [minor] pupil, when the [minor] 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 a 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.