S2011-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S2011-2013 Memo

BILL NUMBER:S2011

TITLE  OF  BILL:    An  act  to  amend the education law, in relation to
prohibiting cyber-bullying

SUMMARY OF SPECIFIC PROVISIONS: Section 1 -  Provides  that  it  is  the
Legislature's  intent to continue to ensure that New York State's public
schools are safe and free from cyberbullying.

Section 2 - The Education Law is amended by adding a new section 2803 to
define cyberbullying as engaging in acts  of  abusive  behavior  over  a
period  of time by communication sent by mechanical or electronic means,
posting statements on the Internet or through a  computer  network.  Any
incident  of  cyber-bullying  against any minor would be an unclassified
misdemeanor punishable by a fine and/or imprisonment.

JUSTIFICATION: Bullying is a  long-standing  problem  among  school-aged
children.  With increasing accessibility to electronic means of communi-
cation, bullying has transformed from a predominantly school-based issue
to a broader societal problem. Bullying now goes beyond the classroom to
bullying on the job, on athletic teams and through the Internet. One way
to combat cyber-bullying is to maintain and enforce consistent  policies
against bullying and harassment, including cyber-bullying.

PRIOR   LEGISLATIVE  HISTORY:     2012  -  S.6614-A/A.10176-A  -  PASSED
SENATE/Education

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: : This act shall take effect immediately.

S2011-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2011
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced by Sens. RANZENHOFER, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ -
 read  twice  and  ordered printed, and when printed to be committed to
 the Committee on Education
 

AN ACT to amend the education law, in relation to prohibiting cyber-bul
 lying
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative intent.  The legislature finds that:

 a.  Bullying  is a long-standing problem among school-aged children in
 New York state and throughout the nation. With increasing  accessibility
 to  electronic  means  of communication, bullying has transformed from a
 predominantly school-based issue to a broader societal problem.
 b. Researchers have demonstrated that bullying  has  long-term  conse
 quences.  Further, bullying goes beyond the classroom to bullying on the
 job, on athletic teams, on college campuses and the internet.
 c. Experts researching bullying  have  suggested  that  one  tool  for
 schools  to  use  in  combatting  bullying  is  to  maintain and enforce
 consistent policies against bullying and  harassment,  including  cyber
 bullying.  Such  enforcement  is  not always possible if bullying occurs
 away from school or by a non-student.
 d. Perpetrators of  cyber-bullying  are  often  more  extreme  in  the
 threats and taunts they inflict on their victims, as they do not actual
 ly  see  their victim's emotional reaction to the abuse and believe that
 they are anonymous. Victims of cyber-bullying suffer very real and seri
 ous harm as  a  result  of  these  incidents,  often  showing  signs  of
 depression, anxiety, social isolation, nervousness when interacting with
 technology,  low  self-esteem  and declining school performance. In some
 cases, victims attempt or commit suicide in part because of cyber-bully
 ing they've endured.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00112-01-3
 
       S. 2011                             2
 e. Enactment of this act  is  necessary  and  appropriate  to  further
 ensure  that  New  York  state's  public  schools are safe and free from
 cyber-bullying.
 

S 2. The education law is amended by adding a new section 2803 to read
 as follows:

 

S  2803.  CYBER-BULLYING.  1.  AS  USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL MEAN AS FOLLOWS:

 A. CYBER-BULLYING SHALL MEAN ENGAGING IN A REPEATED COURSE OF COMMUNI
 CATION, OR REPEATEDLY CAUSING A COMMUNICATION TO BE SENT, BY  MECHANICAL
 OR  ELECTRONIC  MEANS,  POSTING  STATEMENTS ON THE INTERNET OR THROUGH A
 COMPUTER NETWORK WITH NO LEGITIMATE COMMUNICATION PURPOSE  WHICH  CAUSES
 ALARM  OR  SERIOUS  ANNOYANCE,  OR  IS  LIKELY TO CAUSE ALARM OR SERIOUS
 ANNOYANCE.
 B. MINOR SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL UNDER THE AGE  OF
 EIGHTEEN.
 C. PERSON SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL.
 2.  NO PERSON SHALL ENGAGE IN CYBER-BULLYING AGAINST ANY MINOR.
 3.  ANY  PERSON  WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION
 SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A  FINE  OF
 UP TO ONE THOUSAND DOLLARS AND/OR UP TO ONE YEAR IMPRISONMENT.
 4.  THIS  SECTION SHALL APPLY TO ALL ACTIONS OCCURRING ON OR AFTER THE
 EFFECTIVE DATE OF THIS SECTION.
 5. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS SECTION SHALL BE
 ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION  TO  BE  INVALID,  SUCH
 JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF,
 BUT SHALL BE CONFINED IN ITS OPERATION TO THE  CLAUSE,  SENTENCE,  PARA
 GRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH
 JUDGMENT SHALL HAVE BEEN RENDERED.
 

S 3. This act shall take effect immediately.

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