Enacts provisions to ensure that New York state public schools are safe and free from cyber-bullying.

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S6614-2011 Actions

• Jun 20, 2012: referred to education
• Jun 20, 2012: DELIVERED TO ASSEMBLY
• Jun 20, 2012: PASSED SENATE
• May 31, 2012: AMENDED ON THIRD READING 6614A
• Apr 30, 2012: ADVANCED TO THIRD READING
• Apr 26, 2012: 2ND REPORT CAL.
• Apr 25, 2012: 1ST REPORT CAL.564
• Mar 5, 2012: REFERRED TO EDUCATION

S6614-2011 Meetings

Education: Apr 25, 2012

S6614-2011 Calendars

Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012

S6614-2011 Votes

S6614-2011 Memo

BILL NUMBER:S6614

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

PURPOSE OR GENERAL IDEA OF BILL:
To define and prohibit 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
cyber-bullying.

Section 2. The education law is amended by adding a new section 2803
to define cyber-bullying 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 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
communication, 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:
None.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S6614-2011 Text

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

                                    6614

                              I N  SENATE

                                March 5, 2012
                                 ___________

  Introduced  by  Sen.  RANZENHOFER -- 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.
    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:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13596-01-1

 S. 6614                             2

    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  COURSE OF CONDUCT OR
  REPEATEDLY COMMITTING ACTS OF ABUSIVE BEHAVIOR OVER A PERIOD OF TIME  BY
  COMMUNICATING  OR  CAUSING  A  COMMUNICATION TO BE SENT BY MECHANICAL OR
  ELECTRONIC MEANS, POSTING  STATEMENTS  ON  THE  INTERNET  OR  THROUGH  A
  COMPUTER  NETWORK.  ACTS  OF  ABUSIVE BEHAVIOR SHALL INCLUDE, BUT NOT BE
  LIMITED TO, TAUNTING; THREATENING; INTIMIDATING; INSULTING;  TORMENTING;
  HUMILIATING;  DISSEMINATING  EMBARRASSING  OR  SEXUALLY  EXPLICIT PHOTO-
  GRAPHS, EITHER  ACTUAL  OR  MODIFIED,  OF  A  MINOR;  DISSEMINATING  THE
  PRIVATE,  PERSONAL  OR SEXUAL INFORMATION, EITHER FACTUAL OR FALSE, OF A
  MINOR; OR SENDING HATE MAIL.
    B. MINOR SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL UNDER THE AGE  OF
  EIGHTEEN.
    C.  PERSON  SHALL  MEAN  ANY  NATURAL PERSON, INDIVIDUAL, CORPORATION,
  UNINCORPORATED ASSOCIATION,  PROPRIETORSHIP,  FIRM,  PARTNERSHIP,  JOINT
  VENTURE,  JOINT-STOCK ASSOCIATION, OR OTHER ENTITY OR BUSINESS ORGANIZA-
  TION OF ANY KIND.
    2.  NO PERSON SHALL ENGAGE IN  CYBER-BULLYING  AGAINST  ANY  MINOR  OR
  PERSON.
    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.