H-4520              _______________________________________________

                                                   HOUSE BILL NO. 1968

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Fuhrman, B. Williams, Chandler, Patrick, Nealey, Amondson, Butterfield, D. Sommers and Schoon

Read first time 2/3/88 and referred to Committee on Judiciary.

AN ACT Relating to the right of parents to discipline their children; amending RCW 9A.16.100; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

        Sec. 2.  Section 1, chapter 149, Laws of 1986 and RCW 9A.16.100 are each amended to read as follows:

The legislature finds that parents have an inherent right to discipline and control their children and that the proper exercise of this fundamental right is in the best interest of the child and is essential to a responsible citizenry and the maintenance of a free and ordered society.  However, it is also the policy of this state to protect children from physical assault and abuse and to encourage parents, ((teachers)) guardians, and their authorized agents, including teachers, to use methods of correction and restraint of children that are not dangerous to the children.  ((However, the)) Physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, ((teacher, or)) guardian, or other authorized person, including a teacher, to apply such discipline  for purposes of restraining or correcting the child.  Any use of force on a child by any ((other)) person other than a parent, guardian, or their authorized agent is unlawful unless:  (1) It is reasonable and moderate and is authorized ((in advance)) prior or subsequent to its application by the child's parent or guardian for purposes of restraining or correcting the child; or (2) it is not unlawful under other provisions of law.  No state or local government, or any political subdivision or agency thereof, may prohibit such discipline or use of force.

          The following actions are presumed unreasonable when used to correct or restrain a child:         (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) substantially interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or ((minor)) temporary marks.  The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate.  This list is illustrative of unreasonable actions and is not intended to be exclusive.