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HB1146: relative to immunity for school personnel using necessary force to protect pupils.
Bill details
Version history, amendments, and roll-call votes were not present in the imported local bill data.
Sponsors
- Maureen Mooney House · Hills 19
- Barry House · Hills 19
- O'Neil House · Hills 19
- Sheila Roberge Senate · Dist 9
- Joseph Kenney Senate · Dist 3
- John Barnes Jr. Senate · Dist 17
Topics
Criminal justice and courts Education
Official links
HB 1146 – AS INTRODUCED
2008 SESSION
08-2070
04/05
HOUSE BILL 1146
AN ACT relative to immunity for school personnel using necessary force to protect pupils.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2070
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
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 January 1, 2009.