California Assembly Speaker pro Tempore Sally Lieber (California Assembly)

Spanking apparently is headed for another swatting in the California Legislature, as Assemblywoman Sally Lieber, D-Mountain View, has reintroduced a proposal to effectively ban such discipline, even by parents, according to the Capitol Resource Family Impact organization.

"Last session this same bill received national attention because of its assault on parents rights to discipline their children," said Karen England, executive director with the group. "We succeeded in stopping the bill because parents were so outraged that an arrogant lawmaker thinks she knows better than parents how to raise their children."

Last year's plan as AB755, and this year's, AB 2943, is virtually the same, England said.

"According to AB 2943, a parent who spanks their child would be placed on probation for a minimum of four years, and would be forced to attend a 'nonviolent parental education class' and the child would receive a criminal court protective order 'protecting the victim from further acts of violence or threats' and 'residence exclusion or stay-away conditions,'" England said.

The bill itself dumps parental discipline into categories previously reserve for child abuse.

"Existing law makes it a crime for any person, under specified circumstances, to willfully cause or permit a child to suffer, or to inflict on a child unjustifiable physical pain or mental suffering," the document reads. "This bill would authorize the finder of fact to consider the use of an implement, the throwing, kicking, burning, or cutting of a child, the striking of a child with a closed fist, the striking of a child under 3 years of age, the interference with a child's breathing, or the brandishing of a deadly weapon upon a child when determining whether or not a defendant willfully caused any child to suffer…"

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"AB 2943 declares it illegal to inflict 'physical pain or mental suffering.' These ambiguous terms include any suffering cause by instruments including (but not limited to) 'a stick, a rod, a switch, an electrical cord, an extension cord, a belt, a broom, or a shoe.' Parents often use wooden spoons or rulers to discipline a disobedient child. Under AB 2943, such discipline would be illegal," England said.

"In the legislature we often hear that schools have become too unsafe and we need 'sensitivity' or 'tolerance' training," added Meredith Turney, legislative liaison for CRFI. "But the reason children are unruly is because they aren't being disciplined. Taking away the rights of parents to lovingly discipline their children will only worsen the behavior problems that justify indoctrination classes in schools."

England said current law already addresses abuse adequately.

"This bill goes much further and seeks to prohibit parents from raising healthy, responsible children," she said.

"There is contempt in the legislature for Judeo- Christian values and AB 2943 is the most blatant evidence of this attempt to take away our freedom to raise children according to our beliefs," Turney said.

Lieber's plan a year ago eventually died. But not before a number of California voices were critical. The Contra Costa Times said the bill "is completely unenforceable. Are we to expect a 2-year-old to dial 911 and report a parent for swatting him or her on the behind?"

The newspaper's editorial took a straightforward shot at the issue.

"With all of the pressing problems facing our state, what issue has the knickers of our esteemed lawmakers in such a twist? What burning concern has the ponderous pundits on the cable news shows frothing at the mouth?

"Global warming? Plunging real estate values? Good-paying jobs being shipped off to India every time you turn around? Maybe the governor's new health care proposal?

"None of the above.

"The latest meaningless, national distraction, is a silly bill proposed by Assembly Pro Tem Speaker Sally Lieber, D-Mountain View, that would make it a crime to spank any child 3 years old or younger."

The editorial's suggestion? "Get real."

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Previous stories:

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Teachers union to decide fate of homeschooling?

Parental spanking targeted by ban

Parents who spank being made criminals

'Spanking-ban plan threatens parental rights'

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