Page:2019 North Dakota Session Laws.pdf/425

Rh CHAPTER 106

SENATE BILL NO. 2281

(Senator Dever)

AN ACT to amend and reenact section 12.1-05-05 of the North Dakota Century Code, relating to limitations on permissible use of force on a child.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 12.1-05-05 of the North Dakota Century Code is amended and reenacted as follows:

12.1-05-05. Use of force by persons with parental, custodial, or similar responsibilities.

The use of force upon another personan individual is justified under any of the following circumstances:

1. Except as provided in section 15.1-19-02, a parent, guardian, or other person responsible for the care and supervision of a minor, or other person responsible for the care and supervision of a minor for a special purpose, or a person acting at the direction of any of the foregoing persons, may use reasonable force upon the minor for the purpose of safeguarding or promoting the minor's welfare, including prevention and punishment of the minor's misconduct, and the maintenance of proper discipline.

a. If the person using reasonable force for the prevention and punishment of the minor's misconduct or the maintenance of proper discipline is a paid caregiver, that person must be acting under written direction of the parent or guardian of the minor.

b. The reasonable force may be used for this purpose, regardless of whether or not itthe reasonable force is "necessary" as required by subsection 1 of section 12.1-05-07.

c. The reasonable force used mustmay not create a substantial risk of death, serious bodily injury, disfigurement, or gross degradation.

2. A guardian or other person responsible for the care and supervision of an individual who is incompetent person, or a person acting at the direction of the guardian or responsible person, may use reasonable force upon the incompetent personindividual for the purpose of safeguarding or promoting the incompetent person's welfare of the individual, including the prevention of the incompetent person'sindividual's misconduct or, whenif the incompetent personindividual is in a hospital or other institution for care and custody, for the purpose of maintaining reasonable discipline in the institution.

a. The force may be used for these purposes, whether or not itregardless of whether the force is "necessary" as required by subsection 1 of section 12.1-05-07.