HI HB231

Amends Hawaii Revised Statutes Section 703-309 to establish a rebuttable presumption that certain types of physical force are not justifiable when used to discipline minors, including throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking children under three years old, interfering with breathing, or threatening with a deadly weapon.

Changes the standard for parental and guardian use of force from "not designed to cause or known to" create harm to "does not intentionally, knowingly, recklessly, or negligently" create a risk of substantial bodily injury, disfigurement, extreme pain or mental distress, or neurological damage.

Applies the new restrictions to parents, guardians, school principals, teachers, and other persons with special responsibility for minors' care, discipline, or safety.

Clarifies that school personnel using force must ensure the degree of force would not be unjustifiable if used by a parent or guardian.

Effective July 1, 2013, with no retroactive application to rights, duties, penalties, or proceedings that existed before the effective date.