Assembly Bill A8895

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

                                 8895--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by M. of A. CORWIN, CROUCH, GIGLIO, DUPREY, CERETTO, MONTESA-
  NO,  HAWLEY, PALMESANO, SALADINO, WALTER, CASTRO -- Multi-Sponsored by
  -- M. of A.  BURLING, BUTLER, CALHOUN, GRAF, JOHNS, KATZ, MALLIOTAKIS,
  McDONOUGH, MURRAY, REILICH, P. RIVERA, TENNEY, THIELE -- read once and
  referred to the Committee on Education -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section 1. Legislative intent.  The legislature finds that:
  a.  Bullying  is a long-standing problem among school-aged children in
New York state and throughout the nation. With increasing  accessibility
to  electronic  means  of communication, bullying has transformed from a
predominantly school-based issue to a broader societal problem.
  b. Researchers have demonstrated that bullying  has  long-term  conse-
quences.  Further, bullying goes beyond the classroom to bullying on the
job, on athletic teams, on college campuses and the internet.
  c. Experts researching bullying  have  suggested  that  one  tool  for
schools  to  use  in  combatting  bullying  is  to  maintain and enforce
consistent policies against bullying and  harassment,  including  cyber-
bullying.  Such  enforcement  is  not always possible if bullying occurs
away from school or by a non-student.
  d. Perpetrators of  cyber-bullying  are  often  more  extreme  in  the
threats and taunts they inflict on their victims, as they do not actual-
ly  see  their victim's emotional reaction to the abuse and believe that
they are anonymous. Victims of cyber-bullying suffer very real and seri-
ous harm as  a  result  of  these  incidents,  often  showing  signs  of
depression, anxiety, social isolation, nervousness when interacting with
technology,  low  self-esteem  and declining school performance. In some
cases, victims attempt or commit suicide in part because of cyber-bully-
ing they've endured.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13596-03-2

A. 8895--A                          2

  e. Enactment of this act  is  necessary  and  appropriate  to  further
ensure  that  New  York  state's  public  schools are safe and free from
cyber-bullying.
  S 2. The education law is amended by adding a new section 2803 to read
as follows:
  S  2803.  CYBER-BULLYING.  1.  AS  USED IN THIS SECTION, THE FOLLOWING
TERMS SHALL MEAN AS FOLLOWS:
  A. CYBER-BULLYING SHALL MEAN  ENGAGING  IN  A  COURSE  OF  CONDUCT  OR
REPEATEDLY  COMMITTING ACTS OF ABUSIVE BEHAVIOR OVER A PERIOD OF TIME BY
COMMUNICATING OR CAUSING A COMMUNICATION TO BE  SENT  BY  MECHANICAL  OR
ELECTRONIC  MEANS,  POSTING  STATEMENTS  ON  THE  INTERNET  OR THROUGH A
COMPUTER NETWORK. ACTS OF ABUSIVE BEHAVIOR SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO, TAUNTING; THREATENING; INTIMIDATING; INSULTING; TORMENTING;
HUMILIATING; DISSEMINATING  EMBARRASSING  OR  SEXUALLY  EXPLICIT  PHOTO-
GRAPHS,  EITHER  ACTUAL  OR  MODIFIED,  OF  A  MINOR;  DISSEMINATING THE
PRIVATE, PERSONAL OR SEXUAL INFORMATION, EITHER FACTUAL OR FALSE,  OF  A
MINOR; OR SENDING HATE MAIL.
  B.  MINOR SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL UNDER THE AGE OF
EIGHTEEN.
  C. PERSON SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL.
  2.  NO PERSON SHALL ENGAGE IN CYBER-BULLYING AGAINST ANY MINOR.
  3. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS  OF  THIS  SECTION
SHALL  BE  GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE OF
UP TO ONE THOUSAND DOLLARS AND/OR UP TO ONE YEAR IMPRISONMENT.
  4. THIS SECTION SHALL APPLY TO ALL ACTIONS OCCURRING ON OR  AFTER  THE
EFFECTIVE DATE OF THIS SECTION.
  5. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS SECTION SHALL BE
ADJUDGED  BY  ANY  COURT  OF  COMPETENT JURISDICTION TO BE INVALID, SUCH
JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE  REMAINDER  THEREOF,
BUT  SHALL  BE  CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARA-
GRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH
JUDGMENT SHALL HAVE BEEN RENDERED.
  S 3. This act shall take effect immediately.