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House Study Bill 626

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 232.68, subsection 2, paragraph a, Code
  1  2 Supplement 1995, is amended to read as follows:
  1  3    a.  Any nonaccidental physical injury, or injury which is
  1  4 at variance with the history given of it, suffered by a child
  1  5 as the result of the acts or omissions of a person responsible
  1  6 for the care of the child.  A nonaccidental physical injury or
  1  7 injury which is at variance with the history given of it, does
  1  8 not include an injury resulting from reasonable parental
  1  9 discipline.
  1 10    Sec. 2.  Section 232.68, Code Supplement 1995, is amended
  1 11 by adding the following new subsection:
  1 12    NEW SUBSECTION.  7A.  "Reasonable parental discipline"
  1 13 means a reasonable, moderate action inflicted on a child by
  1 14 the child's parent or guardian for purposes of restraining or
  1 15 correcting the child which results in transient pain or
  1 16 temporary skin inflammation.  Reasonable parental discipline
  1 17 does not include any of the following:
  1 18    a.  Throwing, kicking, burning, biting, or cutting a child.
  1 19    b.  Striking a child with a closed fist.
  1 20    c.  Shaking of a child who is less than two years of age.
  1 21    d.  A nonaccidental action resulting in any injury to a
  1 22 child who is less than eighteen months of age.
  1 23    e.  Interfering with a child's breathing.
  1 24    f.  Threatening a child with a deadly weapon.
  1 25    g.  Striking a child's head.
  1 26    h.  Fracturing a child's bone.  
  1 27                           EXPLANATION
  1 28    This bill exempts certain parental disciplinary actions
  1 29 from the definition of child abuse in section 232.68 under the
  1 30 juvenile justice code.  The bill provides that a nonaccidental
  1 31 physical injury, or injury which is at variance with the
  1 32 history given of it, does not include an injury resulting from
  1 33 reasonable parental discipline.
  1 34    Section 232.68 is further amended to define "reasonable
  1 35 parental discipline" as a reasonable, moderate action
  2  1 inflicted on a child by the child's parent or guardian for
  2  2 purposes of restraining or correcting the child which results
  2  3 in transient pain or temporary skin inflammation.  The bill
  2  4 lists various specific actions which are not included in the
  2  5 definition of reasonable parental discipline.  
  2  6 LSB 4254HC 76
  2  7 jp/sc/14
     

Text: HSB00625                          Text: HSB00627
Text: HSB00600 - HSB00699               Text: HSB Index
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