Bill Text: GA HB310 | 2011-2012 | Regular Session | Introduced

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Bill Title: The End to Cyberbullying Act; enact

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-02-23 - House Second Readers [HB310 Detail]

Download: Georgia-2011-HB310-Introduced.html

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11 LC 33 4004

House Bill 310

By: Representatives Hugley of the 133rd, Reece of the 11th, Scott of the 76th, Abrams of the 84th, Smyre of the 132nd, and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, so as to enact "The End to Cyberbullying Act"; to prohibit cyberbullying; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as "The End to Cyberbullying Act."

SECTION 2.

Code Section 20-2-751.4 of the Official Code of Georgia Annotated, relating to policies in public schools prohibiting bullying, is amended by revising subsection (a) as follows:

"(a) As used in this Code section, the term 'bullying' means an act which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is:

(1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so;

(2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or

(3) Any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that:

(A) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section 16-5-23.1;

(B) Has the effect of substantially interfering with a student's education;

(C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

(D) Has the effect of substantially disrupting the orderly operation of the school.

The term applies to acts which occur on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system. The term also applies to acts of cyberbullying which occur through the use of electronic communication, including, but not limited to, telephones, cellular telephones, wireless communication devices, pagers, computers, electronic mail, instant messaging, text messaging, through websites, or any similar means of communication, whether or not such electronic communication originated on school property or with school equipment, if the electronic act is directed specifically at another student or at school personnel."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply with respect to conduct on or after that date and conduct prior to that date shall continue to be governed by prior law.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.