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GOVERNMENTAL ATTEMPTS TO
REGULATE MARTIAL ARTS
By Sensei Owen Gallagher, 4th Dan
Danzan Ryu Jujitsu
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"Whether prompted by concerns
of consumer protection, or opinions regarding instructor
competency, governmental attempts to regulate the martial
arts are increasing.
A.T.A.M.A. believes that the issue
cannot be ignored, and is best addressed through a
comprehensive system of self-government dedicated to
enhancing the level of integrity and respect accorded
to the martial arts through a valid, coordinated teacher
certification program."
Owen Gallagher |
New Jersey's Senate Bill 1930 (December 14, 2000,
version), requires criminal history record background checks for
all martial arts instructors. "This bill is designed to protect
children from being victimized at the hands of unscrupulous martial
arts instructors with criminal pasts by requiring criminal history
record background checks
of martial arts instructors."
A "martial
arts instructor" is defined by the bill as any person who
provides instruction or training in the martial arts in a martial
arts academy. A "martial arts academy" is defined as
a private club, center, dojo, facility, gym, institute, school,
studio or similar entity. The bill defines "martial arts" as
several arts of self-defense or combat, including, but not limited
to, aikado, jiu-jitsu, judo, karate, kung fu and taekwondo.
Persons
subject to the criminal history record background checks are
to be certified by the director as qualified to serve in their
positions in the academy if the background check indicates that
the person has not been convicted in New Jersey or another jurisdiction
of a crime or disorderly offense: (1) involving danger to another
person, such as criminal homicide, assault, reckless endangerment,
terroristic threats, stalking, kidnapping, sexual offenses and
robbery; (2) against the family, children or incompetents, the
elderly or the disabled, willful nonsupport, unlawful adoption
or domestic violence; (3) involving theft; and (4) involving
a controlled dangerous substance. The prospective or current
instructor of martial arts shall bear the costs associated with
conducting a criminal history record background check.
In
determining whether a person has been rehabilitated, the director
is to consider: (1) the nature and responsibility of the position
which the convicted person would hold or has held; (2) the nature
and seriousness of the offense committed; (3) the circumstances
under which the offense occurred; (4) the date of the offense;
(5) the age of the person when the offense was committed; (6)
whether the offense was an isolated or repeated incident; (7)
any social conditions which may have contributed to the offense;
and (8) any evidence of rehabilitation, including good conduct
in the community, counseling, psychological or psychiatric treatment
received, acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs
or the recommendation of those who have had the person under
their supervision.
A
companion measure, New Jersey Assembly Bill 3040 (December
11, 2000, version), creates a five member "New Jersey Commission
on the Martial Arts" charged with "studying the martial
arts and developing recommendations concerning the instruction
of the various martial arts disciplines with particular emphasis
on safety standards and standards for instruction. The commission
is charged with studying issues of concern to consumers of martial
arts instruction in order to meet consumer needs and to protect
consumer interests.
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