Assembly Bill A9850

2013-2014 Legislative Session

Relates to bullying and cyberbullying

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9850 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §270.40, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2146
2017-2018: A5052
2019-2020: A3786

2013-A9850 (ACTIVE) - Summary

Relates to bullying and cyberbullying.

2013-A9850 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9850

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to bullying and cyberbullying

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 270.40 to
read as follows:
S 270.40 BULLYING AND CYBERBULLYING.
  1. A PERSON IS GUILTY OF BULLYING WHEN HE OR  SHE  ENGAGES  A  WILLFUL
COURSE OF CONDUCT WHICH INVOLVES HARASSMENT OF A PERSON BETWEEN THE AGES
OF FIVE AND TWENTY-FIVE.
  2.  A  PERSON  IS  GUILTY  OF  CYBERBULLYING WHEN HE OR SHE ENGAGES IN
BULLYING AND HARASSMENT OF A PERSON WHO IS BETWEEN THE AGES OF FIVE  AND
TWENTY-FIVE USING AN ELECTRONIC COMMUNICATION DEVICE.
  3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN BULLYING OR CYBER-
BULLYING  OF  A PERSON OR INDUCE ANOTHER PERSON TO ENGAGE IN SUCH BULLY-
ING. IT SHALL BE UNLAWFUL FOR ANY PERSON TO RETALIATE AGAINST ANY PERSON
THAT REPORTS ANY CONDUCT PROHIBITED BY THIS SECTION.
  4. ANY PERSON WHO IS EIGHTEEN YEARS OR OLDER OR AN  EMANCIPATED  MINOR
WHO  VIOLATES  THIS  SECTION  SHALL  BE  GUILTY OF A MISDEMEANOR, UNLESS
CHARGED AS A VIOLATION, AT THE DISCRETION OF THE ENFORCING OFFICER.
  5. ANY UNEMANCIPATED PERSON UNDER THE AGE  OF  EIGHTEEN  WHO  VIOLATES
THIS SECTION SHALL:
  (A)  BE  GUILTY OF A VIOLATION, PUNISHABLE BY A FINE NOT EXCEEDING ONE
HUNDRED DOLLARS,
  (B) BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE NOT  EXCEEDING  TWO
HUNDRED DOLLARS ON THEIR SECOND OFFENSE, OR
  (C) BE GUILTY OF A MISDEMEANOR FOR EACH ADDITIONAL OFFENSE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15360-01-4

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