S T A T E   O F   N E W   Y O R K
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                                  4028

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by M. of A. THIELE, KOLB, WALKER, ALFANO, BALL, BARRA, SALA-
  DINO -- Multi-Sponsored by -- M.  of  A.  BACALLES,  BURLING,  CROUCH,
  DUPREY, GIGLIO, HAYES, QUINN, REILICH, SAYWARD, SPANO, TEDISCO, TOBAC-
  CO -- read once and referred to the Committee on Codes

AN  ACT  to amend the penal law, in relation to increasing the penalties
  for hazing; to amend the education law,  in  relation  to  prohibiting
  bullying or cyber-bullying on school property; to amend the penal law,
  in  relation  to  establishing  the  crime of aggravated harassment of
  teachers and school personnel; and to  amend  the  education  law,  in
  relation  to  creating  a  statewide  central  registry  for bullying,
  cyber-bullying and hazing complaints

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 120.16 of the penal law, as amended by chapter 86
of the laws of 1988, is amended to read as follows:
S 120.16 Hazing in the first degree.
  A person is guilty of hazing in the first degree when, in  the  course
of  another  person's  initiation into or affiliation with any organiza-
tion, he OR SHE intentionally or recklessly  engages  in  conduct  which
creates  a  substantial risk of SERIOUS physical injury OR DEATH to such
other person or a third person and thereby causes such SERIOUS injury OR
DEATH TO SUCH PERSON OR TO A THIRD PERSON.
  Hazing in the first degree is a class [A misdemeanor] D FELONY.
  S 2. Section 120.17 of the penal law, as added by chapter  86  of  the
laws of 1988, is amended to read as follows:
S 120.17 Hazing in the second degree.
  A  person is guilty of hazing in the second degree when, in the course
of another person's initiation or affiliation with any organization,  he
OR  SHE  intentionally  or recklessly engages in conduct which creates a
substantial risk of physical injury to such  other  person  or  a  third
person AND THEREBY CAUSES SUCH INJURY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04002-01-9
              

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  Hazing in the second degree is a [violation] CLASS E FELONY.
  S  3.  The  penal law is amended by adding two new sections 120.19 and
120.26 to read as follows:
S 120.19 HAZING IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF HAZING IN THE THIRD DEGREE WHEN, IN  THE  COURSE
OF  ANOTHER PERSON'S INITIATION OR AFFILIATION WITH ANY ORGANIZATION, HE
OR SHE INTENTIONALLY OR RECKLESSLY ENGAGES IN CONDUCT  WHICH  CREATES  A
SUBSTANTIAL  RISK  OF  PHYSICAL  INJURY  TO SUCH OTHER PERSON OR A THIRD
PERSON.
  HAZING IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
S 120.26 FAILURE TO REPORT HAZING.
  A PERSON IS GUILTY OF FAILURE TO REPORT HAZING  WHEN  A  PERSON  KNOWS
THAT  ANOTHER  PERSON  IS  THE VICTIM OF HAZING AND FAILS TO REPORT SUCH
CRIME TO AN APPROPRIATE LAW ENFORCEMENT OFFICIAL AS SOON  AS  REASONABLY
PRACTICABLE.
  FAILURE TO REPORT HAZING IS A CLASS B MISDEMEANOR.
  S  4.  Legislative  intent. In recent years, the state legislature has
taken several steps to ensure that school  pupils,  teachers  and  other
personnel  are  provided  with a safe and secure learning environment on
all school property. Through the enactment of provisions  requiring  the
fingerprinting  of  a  school  district's  prospective employees and the
enactment of the Safe Schools Against Violence  in  Education  Act,  the
legislature  has  ensured the increased safety of our schools.  However,
to address concerns that  harassment  of  pupils  and  school  personnel
through acts of bullying or cyber-bullying can be both disruptive to the
learning  process  and  harmful, mentally and/or physically, to intended
victims, the legislature  finds  that  enactment  of  this  section  and
sections  five  through  ten of this act to prohibit bullying and cyber-
bullying on school property, which shall be known and may  be  noted  as
the  "Schools  as  Safe  Harbors  Act,"  is necessary and appropriate to
further ensure that New York state's public schools be made as  safe  as
possible.
  S  5.  Section  801-a of the education law, as added by chapter 181 of
the laws of 2000, is amended to read as follows:
  S 801-a. Instruction in civility, citizenship and character education.
The regents shall ensure  that  the  course  of  instruction  in  grades
kindergarten  through  twelve includes a component on civility, citizen-
ship and character education. Such component shall instruct students  on
the  principles  of honesty, tolerance, personal responsibility, respect
for others, observance of laws and rules, courtesy,  dignity  and  other
traits  which  will  enhance  the  quality  of their experiences in, and
contributions to, the community.   SUCH  COMPONENT  SHALL  ALSO  ADDRESS
METHODS  OF DISCOURAGING ACTS OF BULLYING AND CYBER-BULLYING, AS DEFINED
IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED THREE OF  THIS  CHAP-
TER,  AGAINST FELLOW STUDENTS. The regents shall determine how to incor-
porate such component in existing curricula and the  commissioner  shall
promulgate any regulations needed to carry out such determination of the
regents.
  S  6. Subdivision 2 of section 2801 of the education law is amended by
adding a new paragraph a-1 to read as follows:
  A-1. PROVISIONS PROHIBITING  BULLYING  AND  CYBER-BULLYING  ON  SCHOOL
PROPERTY,  INCLUDING A SCHOOL FUNCTION, PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED THREE OF THIS ARTICLE;
  S 7. Subdivision 2 of section 2801 of the education law is amended  by
adding a new paragraph f-1 to read as follows:

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  F-1.  WHEN ANY SCHOOL EMPLOYEE HAVING REASONABLE CAUSE TO SUSPECT THAT
A STUDENT HAS COMMITTED AN ACT OF BULLYING OR CYBER-BULLYING, AS DEFINED
IN  SECTION  TWENTY-EIGHT  HUNDRED  THREE  OF  THIS  ARTICLE, THE SCHOOL
EMPLOYEE SHALL REPORT SUCH INCIDENT TO THE PRINCIPAL, OR DESIGNEE THERE-
OF,  WHO IN TURN SHALL REPORT SUCH INCIDENT  TO THE SUPERINTENDENT, UPON
A DETERMINATION BY THE PRINCIPAL, OR DESIGNEE THEREOF, THAT THERE  IS  A
REASONABLE  SUSPICION  THAT  THE ACT OCCURRED. FAILURE OF AN EMPLOYEE TO
MAKE A REPORT PURSUANT TO THIS PARAGRAPH MAY NOT BE THE  BASIS  FOR  ANY
DISCIPLINARY  ACTION  OR  PROFESSIONAL  MISCONDUCT  CHARGE  AGAINST  THE
EMPLOYEE;
  S 8. The education law is amended by adding a new section 2803 to read
as follows:
  S 2803. BULLYING AND CYBER-BULLYING PROHIBITED.  1.  FOR  PURPOSES  OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "PUBLIC SCHOOL" MEANS:
  (I)  A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, KINDERGARTEN OR PRE-KIN-
DERGARTEN PROGRAM, ADULT OR CONTINUING EDUCATION PROGRAM OR OTHER EDUCA-
TIONAL PROGRAM OPERATED BY A SCHOOL DISTRICT, CHARTER SCHOOL,  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
SION BOARDS; AND
  (II)  A  SCHOOL  OR EDUCATIONAL PROGRAM THAT SERVES STUDENTS IN ANY OF
GRADES KINDERGARTEN THROUGH TWELVE AND IS OPERATED BY THE DEPARTMENT, OR
IS OPERATED OR SUPERVISED BY ANOTHER STATE AGENCY OR A POLITICAL  SUBDI-
VISION AND IS SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED TWELVE OF
THIS CHAPTER.
  B.  "PUBLICLY  FUNDED  SPECIAL  EDUCATION  PROGRAM"  MEANS AN APPROVED
PROVIDER OF  SPECIAL  EDUCATION  PROGRAMS  AND  SERVICES  UNDER  SECTION
FORTY-FOUR  HUNDRED TEN OF THIS CHAPTER, AN APPROVED PRIVATE RESIDENTIAL
OR NON-RESIDENTIAL SCHOOL FOR  THE  PROVISION  OF  SPECIAL  SERVICES  OR
PROGRAMS  PURSUANT  TO SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED ONE
OF THIS CHAPTER, A STATE-SUPPORTED SCHOOL SUBJECT TO THE  PROVISIONS  OF
ARTICLE  EIGHTY-FIVE  OF THIS CHAPTER OR ANY OTHER AGENCY OR ENTITY THAT
PROVIDES  SPECIAL  EDUCATION  PROGRAMS  OR  SERVICES  PURSUANT  TO   THE
PROVISIONS OF ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER.
  C.  "SCHOOL  PROPERTY"  MEANS  IN  OR  WITHIN ANY BUILDING, STRUCTURE,
ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT OR LAND CONTAINED WITHIN
THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC SCHOOL OR A PUBLICLY  FUNDED
SPECIAL  EDUCATION  PROGRAM;  OR  IN  OR  ON A SCHOOL BUS, AS DEFINED IN
SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE  AND  TRAFFIC  LAW;  AND  A
"SCHOOL  FUNCTION"  MEANS  A  SCHOOL SPONSORED EXTRA-CURRICULAR EVENT OR
ACTIVITY.
  D. "BULLYING" MEANS THREATENING, STALKING  OR  SEEKING  TO  COERCE  OR
COMPEL  A PERSON TO DO SOMETHING; ENGAGING IN VERBAL OR PHYSICAL CONDUCT
THAT THREATENS ANOTHER WITH HARM, INCLUDING INTIMIDATION THROUGH THE USE
OF EPITHETS OR SLURS INVOLVING RACE, ETHNICITY, NATIONAL  ORIGIN,  RELI-
GION, RELIGIOUS PRACTICES, GENDER, OR DISABILITY.
  E.  "CYBER-BULLYING"  MEANS  A  COURSE  OF CONDUCT OR REPEATED ACTS OF
ABUSIVE BEHAVIOR BY  COMMUNICATING  THROUGH  ELECTRONIC  MEANS,  WITH  A
PERSON  ANONYMOUSLY  OR  OTHERWISE OVER A PERIOD OF TIME COMMITTING SUCH
ACTS AS, BUT NOT LIMITED TO, TAUNTING, INSULTING,  HUMILIATING,  HARASS-
ING, MENACING, SENDING HATE MAIL OR EMBARRASSING PHOTOGRAPHS.
  2.  NO  STUDENT  SHALL BE SUBJECT TO BULLYING OR CYBER-BULLYING BY ANY
STUDENT OF A PUBLIC SCHOOL OR PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM.
  3. A. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO  OF  THIS
SECTION  IN  A  PUBLIC  SCHOOL OR ON SCHOOL PROPERTY SHALL BE SUBJECT TO
DISCIPLINARY ACTION IN ACCORDANCE WITH THE DISTRICT'S  CODE  OF  CONDUCT

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ADOPTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE AND
THE  DISCIPLINE  PROCEDURES  APPLICABLE  TO STUDENTS OR EMPLOYEES OF THE
PUBLIC SCHOOL. ANY PERSON FOUND TO BE IN VIOLATION OF SUBDIVISION TWO OF
THIS  SECTION  IN  A  PUBLICLY FUNDED SPECIAL EDUCATION PROGRAM SHALL BE
SUBJECT TO DISCIPLINE UNDER THE POLICIES AND PROCEDURES OF SUCH  PROGRAM
GOVERNING STUDENT CONDUCT OR EMPLOYEE DISCIPLINE.
  B.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO CREATE A PRIVATE
CAUSE OF ACTION.
  4. NOTHING IN THIS SECTION SHALL APPLY, OR BE CONSTRUED TO  APPLY,  TO
PRIVATE, RELIGIOUS OR DENOMINATIONAL EDUCATIONAL INSTITUTIONS. NOR SHALL
THIS  SECTION  PRECLUDE  OR LIMIT, OR BE PERCEIVED TO PRECLUDE OR LIMIT,
ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR  FEDERAL
ORDINANCE, LAW, RULE OR REGULATION.
  5.  A  PLAIN-LANGUAGE,  AGE-APPROPRIATE  DESCRIPTION  OF  THE POLICIES
OUTLINED IN SUBDIVISION TWO OF THIS  SECTION  SHALL  BE  DISTRIBUTED  TO
EMPLOYEES, STUDENTS AND PARENTS OF EACH PUBLIC SCHOOL OR PUBLICLY-FUNDED
SPECIAL  EDUCATION  PROGRAM  ON AT LEAST AN ANNUAL BASIS. IN THE CASE OF
PUBLIC  SCHOOLS,  SUCH  REQUIREMENT  SHALL  BE  MET  BY  INCLUDING  SUCH
DESCRIPTION  IN  THE  SUMMARY  OF  THE  CODE OF CONDUCT PROVIDED TO EACH
STUDENT AND MAILED TO PARENTS PURSUANT TO SUBDIVISION  FOUR  OF  SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
  6. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE, AND IF ANY COURT
OF  COMPETENT  JURISDICTION  DECLARES  ANY  PHRASE,  CLAUSE, SENTENCE OR
PROVISION OF THIS ARTICLE TO BE INVALID, OR  ITS  APPLICABILITY  TO  ANY
GOVERNMENT  AGENCY,  PERSON  OR  CIRCUMSTANCE,  IS DECLARED INVALID, THE
REMAINDER OF THIS ARTICLE AND ITS RELEVANT APPLICABILITY  SHALL  NOT  BE
AFFECTED.
  S  9.  Section 3028-c of the education law, as added by chapter 181 of
the laws of 2000, is amended to read as follows:
  S 3028-c. Protection of school employees who report acts of  BULLYING,
CYBER-BULLYING  OR  violence and weapons possession. Any school employee
having reasonable cause to suspect that a person has committed an act of
BULLYING  OR  CYBER-BULLYING  AS  SUCH  TERM  IS  DEFINED   IN   SECTION
TWENTY-EIGHT  HUNDRED  THREE  OF THIS CHAPTER OR violence while in or on
school property, or having reasonable cause to suspect that a person has
committed an act of BULLYING OR CYBER-BULLYING AS SUCH TERM  IS  DEFINED
IN SECTION TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER OR violence upon a
student,  school  employee  or  volunteer  either upon school grounds or
elsewhere, or having reasonable cause  to  suspect  that  a  person  has
brought  a  gun,  knife,  bomb  or  other  instrument capable of or that
appears capable of causing death or physical injury upon school  grounds
who  in  good faith reports such information to school officials, to the
commissioner, or to law enforcement  authorities,  shall  have  immunity
from  any civil liability that may arise from the making of such report,
and no school district or school district employee shall  take,  request
or  cause  a retaliatory action against any such employee who makes such
report.
  S 10. The penal law is amended by adding a new section 240.33 to  read
as follows:
S 240.33 AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL PERSONNEL.
  A  PERSON  IS  GUILTY  OF AGGRAVATED HARASSMENT OF TEACHERS AND SCHOOL
PERSONNEL WHEN, WITH INTENT TO HARASS, ANNOY OR ALARM A PERSON  WHOM  HE
OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A TEACHER, ADMINISTRATOR OR
OTHER  STAFF  MEMBER  OF  A  PUBLIC OR PRIVATE ELEMENTARY, INTERMEDIATE,
JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, ENGAGED IN THE COURSE OF HIS  OR
HER  EMPLOYMENT, HE OR SHE STRIKES, SHOVES OR KICKS SUCH TEACHER, ADMIN-

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ISTRATOR OR OTHER STAFF MEMBER, AND WHEN SUCH  CONDUCT  TAKES  PLACE  ON
SCHOOL  PROPERTY  AS  DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE
EDUCATION LAW WHERE SUCH TEACHER, ADMINISTRATOR OR OTHER STAFF MEMBER IS
EMPLOYED OR ASSIGNED ON THE DATE OF SUCH CONDUCT.
  AGGRAVATED  HARASSMENT  OF  TEACHERS AND SCHOOL PERSONNEL IS A CLASS B
MISDEMEANOR.
  S 11. The education law is amended by adding a  new  section  2804  to
read as follows:
  S 2804. STATEWIDE CENTRAL REGISTER FOR RECEIPT OF BULLYING, CYBER-BUL-
LYING  AND HAZING COMPLAINTS. 1. THE COMMISSIONER SHALL CREATE A CENTRAL
REGISTER IN THE DEPARTMENT CAPABLE OF RECEIVING TELEPHONE CALLS ALLEGING
BULLYING, CYBER-BULLYING AND HAZING.
  2. THERE SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER THAT ALL PERSONS
MAY USE TO MAKE TELEPHONE CALLS ALLEGING BULLYING, CYBER-BULLYING AND/OR
HAZING. ALL SUCH ALLEGATIONS SHALL BE REPORTED BY THE DEPARTMENT TO  THE
APPROPRIATE  SCHOOL  WHERE  THE  ALLEGED  INCIDENT  HAS OCCURRED AND LAW
ENFORCEMENT AGENCY WHERE IT SHALL BE DETERMINED IF A CRIME OF  BULLYING,
CYBER-BULLYING  OR  HAZING  HAS OCCURRED. A REPORT SHALL ALSO BE MADE TO
THE SCHOOL DISTRICT IN WHICH THE ALLEGED  INCIDENT  OCCURRED.  WHEN  ANY
ALLEGATIONS  CONTAINED  IN SUCH TELEPHONE CALLS COULD REASONABLY CONSTI-
TUTE A CRIME OF BULLYING, CYBER-BULLYING  OR  HAZING,  SUCH  ALLEGATIONS
SHALL BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY BY THE DEPART-
MENT  TO THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY FOR INVESTIGATION.
THE INABILITY OF THE PERSON CALLING THE REGISTER TO IDENTIFY THE ALLEGED
PERPETRATOR SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE FOR THE
REGISTER TO REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT  SUCH  ALLEGATION
FOR  INVESTIGATION. IF THE RECORDS INDICATE A PREVIOUS REPORT CONCERNING
A SUBJECT OF THE REPORT, OTHER PERSONS NAMED  IN  THE  REPORT  OR  OTHER
PERTINENT  INFORMATION,  THE  APPROPRIATE  LOCAL  LAW ENFORCEMENT AGENCY
SHALL BE IMMEDIATELY NOTIFIED OF THE FACT.
  S 12. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.