Amends TCA Title 39; Title 40 and Title 49, Chapter 6, Part 41.

This bill confers civil immunity upon a teacher, principal, school employee, or school bus driver properly using reasonable force to correct or restrain a student or prevent bodily harm or death to another person, as discussed below.<br /> <br /> PRESENT LAW <br /> <br /> Under present law:<br /> <br /> (1) A person who uses force as permitted under certain provisions of present law is justified in using such force and is immune from civil liability for the use of such force, unless: <br /> <br /> (A) The person against whom force was used is a law enforcement officer who: was acting in the performance of the officer's duties; and identified the officer in accordance with any applicable law; or the person using force knew or reasonably should have known that the person was a law enforcement officer; or <br /> <br /> (B) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.<br /> <br /> Present law requires the court to award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a person in defense of any civil action brought against the person's use of force, if the court finds that the defendant was justified in using such force pursuant to the specified present law provisions; and <br /> <br /> (2) A teacher, principal, school employee, or school bus driver, in exercising the person's lawful authority, may use reasonable force when necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another person. This provision does not authorize use of corporal punishment by a person not permitted to administer such punishment under present law, nor does it authorize restrain or isolation of students for whom restraint or isolation is prohibited under present law. <br /> <br /> THIS BILL<br /> <br /> This bill adds that a teacher, principal, school employee, or school bus driver using reasonable force in exercising the person's lawful authority in accordance with (2) above is immune from civil liability arising from the person's action pursuant to the present law provisions described above in (1), unless the teacher's, principal's, school employee's, or school bus driver's conduct is grossly negligent, reckless, or intentional misconduct. This bill provides that a person immune under this provision is not the proximate cause of resulting injuries. <br />