Bill Text: NY A09850 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to bullying and cyberbullying.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-27 - referred to codes [A09850 Detail]

Download: New_York-2013-A09850-Introduced.html

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                           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:
    1    Section  1. The penal law is amended by adding a new section 270.40 to
    2  read as follows:
    3  S 270.40 BULLYING AND CYBERBULLYING.
    4    1. A PERSON IS GUILTY OF BULLYING WHEN HE OR  SHE  ENGAGES  A  WILLFUL
    5  COURSE OF CONDUCT WHICH INVOLVES HARASSMENT OF A PERSON BETWEEN THE AGES
    6  OF FIVE AND TWENTY-FIVE.
    7    2.  A  PERSON  IS  GUILTY  OF  CYBERBULLYING WHEN HE OR SHE ENGAGES IN
    8  BULLYING AND HARASSMENT OF A PERSON WHO IS BETWEEN THE AGES OF FIVE  AND
    9  TWENTY-FIVE USING AN ELECTRONIC COMMUNICATION DEVICE.
   10    3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN BULLYING OR CYBER-
   11  BULLYING  OF  A PERSON OR INDUCE ANOTHER PERSON TO ENGAGE IN SUCH BULLY-
   12  ING. IT SHALL BE UNLAWFUL FOR ANY PERSON TO RETALIATE AGAINST ANY PERSON
   13  THAT REPORTS ANY CONDUCT PROHIBITED BY THIS SECTION.
   14    4. ANY PERSON WHO IS EIGHTEEN YEARS OR OLDER OR AN  EMANCIPATED  MINOR
   15  WHO  VIOLATES  THIS  SECTION  SHALL  BE  GUILTY OF A MISDEMEANOR, UNLESS
   16  CHARGED AS A VIOLATION, AT THE DISCRETION OF THE ENFORCING OFFICER.
   17    5. ANY UNEMANCIPATED PERSON UNDER THE AGE  OF  EIGHTEEN  WHO  VIOLATES
   18  THIS SECTION SHALL:
   19    (A)  BE  GUILTY OF A VIOLATION, PUNISHABLE BY A FINE NOT EXCEEDING ONE
   20  HUNDRED DOLLARS,
   21    (B) BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE NOT  EXCEEDING  TWO
   22  HUNDRED DOLLARS ON THEIR SECOND OFFENSE, OR
   23    (C) BE GUILTY OF A MISDEMEANOR FOR EACH ADDITIONAL OFFENSE.
   24    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