19.0494.02000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2281
of North Dakota
Introduced by
Senator Dever
1 A BILL for an Act to amend and reenact section 12.1-05-05 of the North Dakota Century Code,
2 relating to limitations on permissible use of force on a child.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 12.1-05-05 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 12.1-05-05. Use of force by persons with parental, custodial, or similar
7 responsibilities.
8 The use of force upon another personan individual is justified under any of the following
9 circumstances:
10 1. Except as provided in section 15.1-19-02, a parent, guardian, or other person
11 responsible for the care and supervision of a minor, or other person responsible for the
12 care and supervision of a minor for a special purpose, or a person acting at the
13 direction of any of the foregoing persons, may use reasonable force upon the minor for
14 the purpose of safeguarding or promoting the minor's welfare, including prevention
15 and punishment of the minor's misconduct, and the maintenance of proper discipline.
16 a. The reasonable force used for the purpose of safeguarding or promoting the
17 minor's welfare does not include the prevention of or punishment for the
18 misconduct of the minor or the maintenance of proper discipline, unless used by
19 a parent or guardian, or a person acting at the direction of a parent or guardian. If
20 the person acting at the direction of a parent or guardian is a paid caregiver, the
21 direction must be in writing.
22 b. The reasonable force may be used for this purpose, regardless of whether or not
23 itthe reasonable force is "necessary" as required by subsection 1 of section
24 12.1-05-07.
Page No. 1 19.0494.02000
Sixty-sixth
Legislative Assembly
1 c. The reasonable force used mustmay not create a substantial risk of death,
2 serious bodily injury, disfigurement, or gross degradation.
3 2. A guardian or other person responsible for the care and supervision of an individual
4 who is incompetent person, or a person acting at the direction of the guardian or
5 responsible person, may use reasonable force upon the incompetent personindividual
6 for the purpose of safeguarding or promoting the incompetent person's welfare of the
7 individual, including the prevention of the incompetent person'sindividual's misconduct
8 or, whenif the incompetent personindividual is in a hospital or other institution for care
9 and custody, for the purpose of maintaining reasonable discipline in the institution.
10 a. The force may be used for these purposes, whether or not itregardless of
11 whether the force is "necessary" as required by subsection 1 of section
12 12.1-05-07.
13 b. The force used mustmay not create a substantial risk of death, serious bodily
14 injury, disfigurement, or gross degradation.
15 3. A person responsible for the maintenance of order in a vehicle, train, vessel, aircraft,
16 or other carrier, or in a place wherein which others are assembled, or a person acting
17 at the responsible person's direction, may use force to maintain order.
18 4. A duly licensed physician, or a person acting at a duly licensed physician's direction,
19 may use force in order to administer a recognized form of treatment to promote the
20 physical or mental health of a patient if the treatment is administered:
21 a. In an emergency;
22 b. With the consent of the patient, or, if the patient is a minor or an individual who is
23 incompetent person, with the consent of the patient's parent, guardian, or other
24 person entrusted with the patient's care and supervision; or
25 c. By order of a court of competent jurisdiction.
26 5. A person may use force upon another person, an individual about to commit suicide or
27 suffer serious bodily injury, to prevent the death or serious bodily injury of such other
28 personthat individual.
Page No. 2 19.0494.02000
Statutes affected: INTRODUCED: 12.1-05-05
Enrollment: 12.1-05-05