Report Title:

Use of Force; Discipline of Children

Description:

Establishes a conclusive presumption that the use of a fist is designed to cause or known to create a risk of causing substantial bodily injury to negate any justifiable use thereof.

THE SENATE	S.B. NO.	2544
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO the USE OF FORCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 703-309, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

    "(1)  The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor, or a person acting at the request of the parent, guardian, or other responsible person, and:

          (a)  The force is employed with due regard for the age and size of the minor and is reasonably related to the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of the minor's misconduct; and

          (b)  The force used is not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain or mental distress, or neurological damage[.]; provided that it shall be a conclusive presumption that the use of a fist is designed to cause or known to create a risk of causing substantial bodily injury."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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