Thursday, November 29, 2007

Massachusetts Spanking Bill HOUSE....... No. 3922 - TEXT

Below is the text of the spanking/corporal punishment bill but you can download the PDF here and it will be easier to read.

HOUSE....... No. 3922
By Mr. Kaufman of Lexington (by request), petition of Kathleen Wolf for legislation to prohibit the corporal punishment of children. Children, Families and Persons with Disabilities.
The Commonwealth of Massachusetts
In the Year Two Thousand and Seven.
AN ACT PROHIBITING CORPORAL PUNISHMENT OF CHILDREN.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
1 Chapter 119 of the General Laws, as appearing in the 2004 Offi2
cial Edition, is hereby amended by inserting after Section 51B, a 3 new Section 51B½, as follows:— 4 Section 51B½. CORPORAL PUNISHMENT OF CHILDREN IS 5 PROHIBITED. Corporal Punishment of children violates their rights 6 to safe, secure and respectful care. 7 This section is intended to actively support nonviolent parenting. 8 The provisions of this section are intended to eliminate the use of 9 corporal punishment to discipline children, because of the emotional 10 harm and risks of bodily harm associated with corporal punishment 11 of children. 12 The provisions of this section shall not preclude any adult from 13 using incidental or minor physical contact designed to maintain 14 order and control, or other discipline which does not constitute cor15
poral punishment. 16 (a) For the purposes of this section, the following words shall, 17 unless the context indicates otherwise, have the following mean18
ings:— 19 “Child”, any person under eighteen years of age. 20 “Corporal punishment”, the willful infliction of physical pain or 21 injurious or humiliating treatment. 22 (b) It shall be unlawful in the Commonwealth of Massachusetts 23 for any adult to inflict corporal punishment upon a child.
2 HOUSE — No. 3922 [January 2007]
24 (c) The infliction of corporal punishment on a child may be a 25 basis for a finding of abuse and neglect. 26 (d) The provisions of this section shall not preclude any adult 27 from using such reasonable force as is necessary to protect himself 28 and others from imminent, serious, physical harm, including assault 29 by a child, to divest a child of a dangerous instrument, to prevent 30 injury to property, or to remove a child from a life-threatening or 31 injurious situation.
This Document Has Been Printed On 100% Recycled Paper.

Corporal Punishment Legislation in Massachusetts

I haven't heard yet how Massachusetts bill to ban corporal punishment fared in committee yesterday (the hearing was not well attended). But here is the link to the bill if you would like to read it. House bill 3922 says "CORPORAL PUNISHMENT OF CHILDREN IS 5 PROHIBITED. Corporal Punishment of children violates their rights 6 to safe, secure and respectful care." And the bill defines corporal punishment as "the willful infliction of physical pain or 21 injurious or humiliating treatment."

According to Kerri Madru of CBS affiliate THV, the bill cannot be up for official debate until next year since the legislative session has already ended in Massachusetts.

When any action is taken on the bill it should be listed here.


As you may have heard a legislator in Massachusetts is proposing a ban on corporal punishment which actually goes beyond even the most generous definition of the phrase. This bill would make "the willful infliction of physical pain or injurious or humiliating treatment" against the law in Massachusetts. There is no doubt that this will include spanking but who knows how anyone such as a social worker or judge could define "humiliating treatment".


According to HSLDA, a group of attorneys who are fighting the bill, "Representative Jay Kaufmann has introduced an act--House Bill 3922--to
prohibit corporal punishment. The bill is scheduled for a hearing
TOMORROW, Wednesday November 28, in the Committee on Children,
Families and Persons with Disabilities. The bill would make it
unlawful for parents to use corporal discipline in the Commonwealth of
Massachusetts. It would also create a presumption that any spanking is
child abuse and neglect."

Watch this topic being discussed tonight on MSNBC national television and tomorrow morning on FOX stations.


Go here for action steps to take.

Wednesday, November 28, 2007

Massachusetts Spanking Bill

As you may have heard a legislator in Massachusetts is proposing a ban on corporal punishment which actually goes beyond even the most generous definition of the phrase.  This bill would make "the willful infliction of physical pain or injurious or humiliating treatment" against the law in Massachusetts.  There is no doubt that this will include spanking but who knows how anyone such as a social worker or judge could define "humiliating treatment".

According to HSLDA, a group of attorneys who are fighting the bill, "Representative Jay Kaufmann has introduced an act--House Bill 3922--to
prohibit corporal punishment. The bill is scheduled for a hearing
TOMORROW, Wednesday November 28, in the Committee on Children,
Families and Persons with Disabilities. The bill would make it
unlawful for parents to use corporal discipline in the Commonwealth of
Massachusetts. It would also create a presumption that any spanking is
child abuse and neglect."

Watch this topic being discussed tonight on MSNBC national television and tomorrow morning on FOX stations.