CHAPTER 442

FORMERLY

SENATE BILL NO. 287

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2 AND

HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 4, TITLE 11 OF THE DELAWARE CODE RELATING TO USE OF FORCE BY PERSONS WITH SPECIAL RESPONSIBILITY FOR CARE, DISCIPLINE OR SAFETY OF OTHERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §468, Chapter 4, Title 11 of the Delaware Code by

inserting the phrase "it is reasonable and moderate and" after the word "if" and the colon (":") as the same appear in the first-sentence therein.

Section 2. Amend §468, Chapter 4, Title 11 of the Delaware Code by

striking subsections (1), (2) and (3) in their entirety and substituting in lieu thereof the following:

"(1) The defendant is the parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child, or a person acting at the request of a parent, guardian, foster parent, legal custodian or other responsible person, and:

(4) The force is used for the purpose of safeguarding or promoting the welfare of the child, including the prevention or punishment of his misconduct; and

(5) The force used is intended to benefit the child, or for the special purposes listed in subsections (2)a, (3)a, (4)a, (5), (6) and (7) of this section. The size, age, condition of the child, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; but

(6) The force shall not be justified if it includes, but is not limited to, any of the following: throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death; or

(2) The defendant is a teacher or a person otherwise entrusted with the care or supervision of a child for a special purpose, and:

(2) The defendant believes the force used is necessary to further the special purpose, including the maintenance of reasonable discipline in a school, class or other group, and that the use of force is consistent with the welfare of the child; and

(3) The degree of force, if it had been used by the parent, guardian, foster parent, or legal custodian of the child, would be justifiable under paragraphs a. and b. of subdivision (1) of this section and not enumerated under paragraph c. of subdivision (1) of this section; or

(3) The defendant is the guardian or other person similarly responsible for the general care and supervision of an incompetent person, and:

(1) The force is used for the purpose of safeguarding or promoting the welfare of the incompetent person, including the prevention of his misconduct, or, when such incompetent person is in a hospital or other institution for his care and custody, for the maintenance of reasonable discipline in such institution; and

(1) The force used is reasonable and moderate; the size, age, condition of the incompetent person, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; and

(7) The force is not enumerated under paragraph c. of subdivision (1); and

(8) The force is not proscribed as abuse or mistreatment under Chapter 11 of Title 16; or"

Section 4. Amend §468(5) of Title 11 of the Delaware Code by adding after the words "correctional institution," the words "or a superintendent, administrator or other authorized official of the Division of Youth Rehabilitative Service,".

Approved July 22, 1992.