Assembly Bill 2943: Banning Corporal Punishment

Note:
This legislative information represents a joint effort by Roy Hanson’s Child and Family Protection Association and Home School Legal Defense Association.

Author:
State Assembly Member Sally Lieber

Summary:
Assembly Member Sally Lieber has reintroduced her “anti-spanking” bill with a new number—A.B. 2943. Last year she attempted to push her bill, A.B. 755, through the legislature, and it was officially stopped on January 31, 2008, when it failed to be passed out of the Assembly. Identical to her failed A.B. 755, A.B. 2943 would have the practical effect of making a non-injurious spanking with an object such as a ruler, folded newspaper, small paddle, etc. illegal. After being arrested, charged, and tried in a criminal court, parents could receive up to one year in jail and lose custody of their children. When Lieber claims that her bill only deals with child abuse, remember that she has stated repeatedly that all spanking, by definition, is child abuse. Her strategy in A.B. 2943 is to treat all spanking with an object as criminal child abuse. She has deliberately failed to make any distinction between spanking as a method of discipline and true child abuse.

A.B. 2943 would amend Penal Code 273a, which currently makes it a crime to cause unjustifiable pain, harm, or injury to any minor child. The instructions to a jury which are mandated by the current version of A.B. 2943 would state that a jury may consider that physical pain or mental suffering inlicted upon a child is unjustifiable if it is caused by any of the seven kinds of actions, which are also listed in A.B. 2943. The first of the seven actions listed is “the use of an implement, including, but not limited to, a stick, a rod, a switch, an electrical cord, an extension cord, a belt, a broom, or a shoe.” This first action includes the act of spanking with an object other than using one’s hand. Because these items would be listed in the Penal Code, the police and district attorney would likely consider all spanking with an implement rounds for bringing charges against the parents. Then a court trial would determine if the parents are guilty of criminal child abuse. Parents would have the difficult task of proving that the spanking was justifiable to the satisfaction of the court in order to avoid being sent to jail for up to one year or receiving other penalties. The case also could be referred to Child Protective Services (CPS) and Juvenile Court, which could result in the possible temporary or permanent loss of custody of their children.

Status:

2/22/2008		Introduced
4/3/2008		Amended; re-referred to Committee on Public Safety
4/15/2008		Scheduled to be heard in the California State Assembly Public Safety Committee
4/15/2008		Passed the Assembly Public Safety Committee. Assigned to Assembly Appropriations Committee (hearing date to be set).
4/30/2008		Heard in the Assembly Appropriations Committee, and is now being held in that committee’s suspense file to assess its financial impact.

HSLDA's Position:
Strongly oppose—amendments cannot help.

Action Requested:
Call immediately!

1) Call a member of the Assembly Appropriations Committee according to the first letter of your last name as indicated in the alphabetized list below.

Ask them to:

“Please vote No on A.B. 2943 (by Lieber). A.B. 2943 would unnecessarily overburden the courts and child protective services by causing innocent parents who use a small paddle or similar object, when lovingly spanking their child, to be investigated, arrested and prosecuted. A.B. 2943 is unnecessary. Children are already protected from all forms of true child abuse in current law.”

2) Consider following up your calls with a brief fax or letter. (Please refer below to the “Opposition Points to Share with Legislators” for additional ideas in writing your fax or letter.)

Notes:

• Call as a concerned citizen. This bill affects all families.
• Do not disclose the source of this Alert. All bills are available on the Internet.
• Because e-mails are usually ignored, letters and calls are significantly more effective.
• Reprint or forward this to your friends, church, school, and group.
• Pray for a proper outcome.

For the Action Item above, please call the selected member of the Assembly Appropriations Committee according to the first letter of your last name as indicated in the following list:

A
Assembly Member Mimi Walters (Vice Chair)
Phone: 916-319-2073
Fax: 916 -319-2173

B
Assembly Member Mark Leno (Chair)
Phone: 916-319-2013
Fax: 916-319-2113

C
Assembly Member Anna Caballero
Phone: 916-319-2028
Fax: 916-319-2128

D-E
Assembly Member Mike Davis
Phone: 916-319-2048
Fax: 916-319-2148

F-G
Assembly Member Mark DeSaulnier
Phone: 916-319-2011
Fax: 916-319-2111

H-J
Assembly Member Warren Furutani
Phone: 916-319-2055
Fax: 916-319-2155

K-L
Assembly Member Jared Huffman
Phone: 916-319-2006
Fax: 916-319-2106

M
Assembly Member Betty Karnette
Phone: 916-319-2054
Fax: 916-319-2154

N-P
Assembly Member Paul Krekorian
Phone: 916-319-2043
Fax: 916-319-2143

Q-R
Assembly Member Ted Lieu
Phone: 916-319-2053
Fax: 916-319-2153

S
Assembly Member Fiona Ma
Phone: 916-319-2012
Fax: 916-319-2112

T-V
Assembly Member Pedro Nava
Phone: 916-319-2035
Fax: 916-319-2135

W-Z
Assembly Member Jose Solorio
Phone: 916-319-2069
Fax: 916-319-2169

Other Resources

E-lert—April 9, 2008—California: Prohibition of Spanking

E-lert—April 11, 2008—California: URGENT—Anti-spanking Bill Hearing Set for Tuesday

E-lert—April 16, 2008—California: Update on Anti-spanking Legislation A.B. 2943

E-lert—May 5, 2008—California: Action Still Needed to Defeat Anti-spanking Bill

Bill Text

Bill History