2001 SESSION

01-0939

04/01

HOUSE BILL 594

COMMITTEE: Education

ANALYSIS

This bill establishes a committee to study the law on justification for the use of physical force and its implications for teachers or other persons entrusted with the care and supervision of minors in settings such as schools or child care centers.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0939

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

62:1 Committee Established. There is established a committee to study the law on justification for the use of physical force and its implications for teachers or other persons entrusted with the care and supervision of minors.

62:2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

II. The committee may consult with parents, teachers, child care professionals, special education professionals, child day care licensing officials, and any other individuals possessing information or expertise relevant to the committee's areas of study.

III. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

62:3 Duties. The duties of the committee shall be as follows:

I. To determine the implications of RSA 627:6, I-II for teachers, child care employees, or other persons entrusted with the care and supervision of minors in settings such as schools, child care centers, or any other similar settings.

II. To define and clarify terminology such as "necessary force" and "physical restraint" relevant to the use of physical force by persons under RSA 627:6, I-II.

III. To study any other issues which the committee deems necessary.

62:4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

62:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2001.

62:6 Effective Date. This act shall take effect upon its passage.

(Approved: June 12, 2001)

(Effective Date: June 12, 2001)