HOUSE BILL No. 1426
DIGEST OF INTRODUCED BILL
Synopsis: Immunity for corporal punishment. Provides immunity to
a parent, guardian, custodian, or authorized caregiver from civil
liability resulting from the reasonable use of corporal punishment.
Effective: July 1, 2001.
January 11, 2001, read first time and referred to Committee on Judiciary.
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1426
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-6-2-21; (01)IN1426.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 21. (a) "Child", for
, has the meaning set forth in
(b) "Child", for purposes of
, includes a child of any
(c) "Child", for purposes of
, means an
unemancipated person who is less than eighteen (18) years of age.
SOURCE: IC 34-30-20; (01)IN1426.1.2. -->
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]:
Chapter 20. Corporal Punishment; Immunity From Civil
Sec. 1. This chapter applies to the following:
(1) A parent of a child.
(2) A guardian or custodian of a child.
(3) A person in whose care a parent, guardian, or custodian
has placed a child.
(4) An employee or agent of a person described in subdivision
(3) who is acting within the scope of the employee's or agent's
Sec. 2. This chapter does not apply to a person who does not act
in good faith.
Sec. 3. For purposes of this chapter, a person does not act in
good faith if the person's conduct results in a violation of:
concerning use of corporal punishment by the
department of correction; or
(2) a written policy of an entity for which the person is acting
as an employee or agent that prohibits the use of corporal
Sec. 4. This chapter affects the vicarious civil liability of the
entity that an individual serves as an employee or agent.
Sec. 5. A person is not liable for civil damages for loss or harm
proximately caused by the reasonable use of corporal punishment
to discipline a child.
SOURCE: ; (01)IN1426.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2001]
, as added
by this act, applies only to liability accruing after June 30, 2001.
The enactment of
by this act is not intended to impose
liability on any person who used corporal punishment before July
1, 2001, or who is not a person covered within the scope of
, as added by this act.