Bill Text: NY S00865 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Engrossed - Dead) 2016-06-08 - referred to education [S00865 Detail]

Download: New_York-2015-S00865-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          865
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2015
                                      ___________
       Introduced  by  Sens.  RANZENHOFER,  DeFRANCISCO, GOLDEN, LARKIN -- 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:
    1    Section 1. Legislative intent.  The legislature finds that:
    2    a. Bullying is a long-standing problem among school-aged  children  in
    3  New  York state and throughout the nation. With increasing accessibility
    4  to electronic means of communication, bullying has  transformed  from  a
    5  predominantly school-based issue to a broader societal problem.
    6    b.  Researchers  have  demonstrated that bullying has long-term conse-
    7  quences. Further, bullying goes beyond the classroom to bullying on  the
    8  job, on athletic teams, on college campuses and the internet.
    9    c.  Experts  researching  bullying  have  suggested  that one tool for
   10  schools to use  in  combatting  bullying  is  to  maintain  and  enforce
   11  consistent  policies  against  bullying and harassment, including cyber-
   12  bullying. Such enforcement is not always  possible  if  bullying  occurs
   13  away from school or by a non-student.
   14    d.  Perpetrators  of  cyber-bullying  are  often  more  extreme in the
   15  threats and taunts they inflict on their victims, as they do not actual-
   16  ly see their victim's emotional reaction to the abuse and  believe  that
   17  they are anonymous. Victims of cyber-bullying suffer very real and seri-
   18  ous  harm  as  a  result  of  these  incidents,  often  showing signs of
   19  depression, anxiety, social isolation, nervousness when interacting with
   20  technology, low self-esteem and declining school  performance.  In  some
   21  cases, victims attempt or commit suicide in part because of cyber-bully-
   22  ing they've endured.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02133-01-5
       S. 865                              2
    1    e.  Enactment  of  this  act  is  necessary and appropriate to further
    2  ensure that New York state's public  schools  are  safe  and  free  from
    3  cyber-bullying.
    4    S 2. The education law is amended by adding a new section 2803 to read
    5  as follows:
    6    S  2803.  CYBER-BULLYING.  1.  AS  USED IN THIS SECTION, THE FOLLOWING
    7  TERMS SHALL MEAN AS FOLLOWS:
    8    A. CYBER-BULLYING SHALL MEAN ENGAGING IN A REPEATED COURSE OF COMMUNI-
    9  CATION, OR REPEATEDLY CAUSING A COMMUNICATION TO BE SENT, BY  MECHANICAL
   10  OR  ELECTRONIC  MEANS,  POSTING  STATEMENTS ON THE INTERNET OR THROUGH A
   11  COMPUTER NETWORK WITH NO LEGITIMATE COMMUNICATION PURPOSE  WHICH  CAUSES
   12  ALARM  OR  SERIOUS  ANNOYANCE,  OR  IS  LIKELY TO CAUSE ALARM OR SERIOUS
   13  ANNOYANCE.
   14    B. MINOR SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL UNDER THE AGE  OF
   15  EIGHTEEN.
   16    C. PERSON SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL.
   17    2.  NO PERSON SHALL ENGAGE IN CYBER-BULLYING AGAINST ANY MINOR.
   18    3.  ANY  PERSON  WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION
   19  SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A  FINE  OF
   20  UP TO ONE THOUSAND DOLLARS AND/OR UP TO ONE YEAR IMPRISONMENT.
   21    4.  THIS  SECTION SHALL APPLY TO ALL ACTIONS OCCURRING ON OR AFTER THE
   22  EFFECTIVE DATE OF THIS SECTION.
   23    5. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS SECTION SHALL BE
   24  ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION  TO  BE  INVALID,  SUCH
   25  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF,
   26  BUT SHALL BE CONFINED IN ITS OPERATION TO THE  CLAUSE,  SENTENCE,  PARA-
   27  GRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH
   28  JUDGMENT SHALL HAVE BEEN RENDERED.
   29    S 3. This act shall take effect immediately.