Bill Text: MI HB5935 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Crimes; other; bullying and cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411x.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2012-09-25 - Printed Bill Filed 09/21/2012 [HB5935 Detail]

Download: Michigan-2011-HB5935-Introduced.html

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HOUSE BILL No. 5935

 

September 20, 2012, Introduced by Reps. Zorn, Jenkins, Liss, O'Brien, Rendon, Graves, Muxlow and Potvin and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 411x.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411x. (1) A person shall not bully or cyberbully another

 

person.

 

     (2) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $1,000.00, or both.

 

     (3) The court may order a person convicted of or found

 

responsible for a violation of this section to undergo an

 

evaluation by a mental health professional at his or her own

 

expense and to receive counseling or other treatment at his or her

 

own expense if determined appropriate by the court.

 

     (4) This section does not prohibit conduct protected under the

 

First Amendment to the constitution of the United States or section

 

5 of article I of the state constitution of 1963.

 

     (5) As used in this section:

 

     (a) "Bully" means to engage in 1 or more of the following

 

behaviors on 2 or more separate occasions with the intent to

 

frighten, intimidate, or harass another person:

 

     (i) Assaulting or battering that other person.

 

     (ii) Referring to that other person while in his or her

 

presence with a derogatory or offensive nickname or label.

 

     (iii) Disseminating false or misleading information about that

 

other person.

 

     (b) "Cyberbully" means to bully through the use of a computer,

 

computer network, computer program, or computer system, as those

 

terms are defined in section 145d, or through the use of a service

 

provided by a telecommunications provider.

 

     (c) "Mental health professional" means that term as defined in

 

section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.