Introduced Version






SENATE BILL No. 143

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-41-3-1.

Synopsis: Corporal punishment by parents. Specifies that a parent or guardian of a child has legal authority to: (1) apply reasonable force to a child; or (2) impose reasonable confinement on a child; if the parent or guardian believes that the reasonable force or confinement is necessary for the proper control, training, or education of the child. Provides that the following factors are relevant in determining whether force or confinement is reasonable: (1) The age of the child. (2) The sex of the child. (3) The physical and mental condition of the child. (4) The nature of the child's misbehavior and the child's motive for the misbehavior. (5) The influence that the child's example may have on other children of the same family or group. (6) Whether the force or confinement is reasonably necessary and appropriate to compel obedience to a proper command. (7) Whether the force or confinement is disproportionate to the misbehavior, unnecessarily degrading, or likely to cause serious or permanent harm.

Effective: July 1, 2011.





Randolph




    January 5, 2011, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 117th General Assembly (2011)


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SENATE BILL No. 143



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-41-3-1; (11)IN0143.1.1. -->     SECTION 1. IC 35-41-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) A person is justified in engaging in conduct otherwise prohibited if he the person has legal authority to do so.
     (b) A parent or guardian of a child has legal authority to:
        (1) apply reasonable force to; or
        (2) impose reasonable confinement on;
the child if the parent or guardian believes that the reasonable force or confinement is necessary for the proper control, training, or education of the child.
    (c) The following nonexhaustive list of factors is relevant in determining whether force or confinement is reasonable under subsection (b) for the control, training, or education of a child:
        (1) The age of the child.
        (2) The sex of the child.
        (3) The physical and mental condition of the child.
        (4) The nature of the child's misbehavior and the child's

motive for the misbehavior.
        (5) The influence that the child's example may have on other children of the same family or group.
        (6) Whether the force or confinement is reasonably necessary and appropriate to compel obedience to a proper command.
        (7) Whether the force or confinement is:
            (A) disproportionate to the misbehavior;
            (B) unnecessarily degrading; or
            (C) likely to cause serious or permanent harm.