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Lawmaker won't pursue spanking ban

Jim Sanders, Sacramento Bee
February 23, 2007

Buffeted by opposition since floating the idea a month ago, a California lawmaker Thursday abandoned plans to prohibit parents from spanking their children.

Assemblywoman Sally Lieber said the notion of a spanking ban, which sparked national attention, stood no chance of passage.

"I personally am very passionate about banning all physical abuse, but the votes are simply not there," said Lieber, D-Mountain View.

Lieber filed legislation Thursday to crack down on corporal punishment, but the measure did not target parental swats administered by hand to a child's behind.

Assembly Minority Leader Mike Villines, R-Clovis, applauded her decision to abandon the fight against spanking but said her bill continues to intrude upon family rights.

Child discipline should be left largely to parents, he said.

"I'd hate to criminalize a parent who's trying to do the right thing," Villines said.

Lieber said Assembly Bill 755 would make it easier to prosecute certain forms of corporal punishment by creating a "rebuttable presumption" that they are not justifiable.

For children younger than 3, the acts targeted by AB 755 are "vigorous" shaking and the striking of an infant or toddler's face or head.

Lieber's measure attempts to crack down on numerous forms of parental discipline on all those younger than 18, including:

• Striking with a belt, shoe, stick, rod, switch, broom, electrical cord or extension cord.

• Throwing, kicking, burning or cutting a child.

• Hitting with a closed fist.

• Interfering with a child's breathing.

• Threatening a child with a deadly weapon.

AB 755 would not specifically prohibit any of the acts, but it is intended to discourage their use by making it easier to prosecute cases of abuse.

California's Penal Code bans corporal punishment that is administered intentionally and inflicts "unjustifiable" physical pain or mental suffering.

Lieber claims her measure will make it harder for defendants to argue they were justified in using significant force.

Attorney John Myers, a specialist in child abuse who had been rooting for a ban on all forms of corporal punishment, said AB 755 is not likely to have much legal impact.

"It might make it a little easier to prove (abuse), but not much, really," said Myers, a professor at McGeorge School of Law.

"I'm not at all critical of her for this bill, but it's a complete retreat from her original idea" of banning spanking, Myers said.

Randy Thomasson, president of Campaign for Children and Families, which lobbies on social issues, said AB 755 continues to disrespect parents by not allowing them to discipline kids as they see fit.

Limiting corporal punishment could leave women at a disadvantage, he said, because a mother's hands are not always as strong as a father's, so the female might need to use a switch or belt to administer appropriate discipline.

"Spanking has a purpose, which is to get the child to respect your words next time," Thomasson said. "It needs to be something that inflicts some temporary pain."

Thomasson said his mother used to keep a stick on their refrigerator -- and the threat of her using it kept him in line.

"If she had only used her hand, me and my brother, we just would have laughed at her," Thomasson said.

Lieber, who has no children of her own, said no parent should have to strike their kids with belts, switches or shoes to keep them in line.

"I think that if they're relying on implements, they're abdicating their responsibility as parents," she said. "It's much more useful in the long term to command respect than to command fear."

Gov. Arnold Schwarzenegger has taken no position on the bill, nor have the California District Attorneys Association, California Peace Officers Association or California Police Chiefs Association.

Lieber, at a news conference to unveil AB 755, was joined by Scott Juceam, a Roseville resident whose 15-month-old baby, Hannah Rose, died after allegedly being shaken by a baby sitter last year.

"This is a no-brainer," he said of the legislation. "It makes sense that we need to protect our children from these ridiculous abuses."

AB 755 would allow prosecutors to charge "baby shaking" cases as either felonies or misdemeanors, depending on circumstances.

Thomas Nazario, a University of San Francisco Law School professor who helped craft AB 755, said the measure is a step toward clearly defining inappropriate punishment.

"Long term, hopefully, parents will begin to turn away from using any kind of violence on their children," he said.

Several people interviewed randomly Thursday in downtown Sacramento said government should interfere only in cases of abuse.

Kathy Collier, 42, of Sacramento said she has no reservations about using a belt on her children's behinds, if they deserve it.

"I don't think there's anything wrong with that," she said.

Jeannette Davis, 39, of Vallejo said she was spanked occasionally as a child.

"I think it should be the parents' choice because with children today, there's no consequences for their behavior," she said. "They're out of control now."

Sacramentan Larry Armstrong, 39, agreed.

"Some kids need it," he said. "A lot of kids need it."

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