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2006 SESSION

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HB 70 Assault and battery; limited exception to charges for certain school personnel.

Introduced by: Robert D. Orrock, Sr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Assault and battery; school bus drivers; penalty.  Adds school bus drivers and school bus driver aides to the list of school personnel provided a limited exception to charges of simple assault or assault and battery while acting in the course and scope of their official capacity when using: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

SUMMARY AS PASSED:

Assault and battery; school bus drivers; penalty.  Adds school bus drivers and bus driver aides to the protected class of persons who are not deemed guilty of assault and battery for incidental or minor contact with a student in an attempt to maintain order.

SUMMARY AS PASSED HOUSE:

Assault and battery; school bus drivers; penalty. Adds school bus drivers to the protected class of persons who are not deemed guilty of assault and battery for incidental or minor contact with a student in an attempt to maintain order.

SUMMARY AS INTRODUCED:

Assault and battery; school bus drivers; penalty.  Adds school bus drivers to the protected class of persons. Anyone assaulting a member of the protected class is required to serve a 15-day minimum mandatory sentence.