Report Title:
Use of Force
Description:
Authorizes the use of force by school personnel, when necessary, during school events or at a departmentally supervised off-campus activity. (HB384 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
384 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the penal code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 703-309, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) The actor is a principal, the principal's agent, a teacher, or a person otherwise entrusted with the care or supervision for a special purpose of a minor, and:
(a) The actor believes that the force used is necessary to further that special purpose, including maintenance of reasonable discipline in a school, class, [or] other group, or at activities supervised by the department of education held on or off school property and that the use of force is consistent with the welfare of the minor; and
(b) The degree of force, if it had been used by the parent or guardian of the minor, would not be unjustifiable under paragraph (1)(b)."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.