Modified spanking bill moves ahead -- not so restrictive
Matthew Yi, San Francisco Chronicle
April 18, 2007

Sacramento -- A watered-down version of a bill that caused a national debate on child rearing by originally proposing to ban spanking young children gained approval in a legislative committee Tuesday.

Assemblywoman Sally Lieber, D-Mountain View, was in the national spotlight earlier in the year by proposing to make it illegal for anyone, including parents, to spank infants and toddlers. The idea was even spoofed in television shows such as "Saturday Night Live."

By the time Lieber introduced the actual bill Feb. 22, however, she substantially changed her legislation to allow spanking with an open hand, but the measure contained a list of acts that could be considered child abuse unless the defendant proves otherwise.

They include using an implement such as a stick, rod, switch, broom, electrical cord, belt or a shoe; throwing, kicking, burning or cutting; hitting with a closed fist; striking the face or head of a child younger than 3; interfering with a child's breathing; or threatening a child with a deadly weapon.

By the time the bill, AB755, appeared before the Assembly's Public Safety committee on Tuesday, the list was still intact, but it was furthered weakened by simply allowing a jury in a child abuse case to consider such acts as evidence, but not required to do so.

The committee approved the bill on a party-line 4-2 vote with four Democrats supporting it.

Lieber maintained her stance that her bill is important on Tuesday because, she said, the law "is dangerously vague" in what child abuse is by defining it simply as an "unjustifiable" punishment.

She also noted the bill specifies a vigorous shaking of a child younger than 3 to be a crime that could be charged as either a felony or misdemeanor. The measure also gives courts discretion to order those who are convicted to attend parenting classes.

Despite substantial weakening of AB755, some conservative groups continued to protest the measure, arguing that existing law already prohibits child abuse and this bill simply infringes upon the right of parents to discipline their children.

"This out-of-touch Legislature should stop persecuting good parents," said Randy Thomasson, president of Campaign for Children and Families, a conservative group based in Sacramento.

"Some bills just deserve to die because they are an invasion to families all over the state," he said.

Valerie Navarro of the American Civil Liberties Union said she is concerned about the language of the bill that specifies "threatening" a child as potentially illegal. That could be problematic if threatening includes using mere words, she said. Navarro suggested possibly changing it to brandishing a weapon against a child.