senate Bill S6614A

2011-2012 Legislative Session

Prohibits cyber-bullying

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to education
delivered to assembly
passed senate
May 31, 2012 amended on third reading 6614a
Apr 30, 2012 advanced to third reading
Apr 26, 2012 2nd report cal.
Apr 25, 2012 1st report cal.564
Mar 05, 2012 referred to education

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S6614 - Bill Details

See Assembly Version of this Bill:
A10176A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §2803, Ed L

S6614 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6614

TITLE OF BILL:
An act
to amend
the education law, in relation to prohibiting cyber-bullying

PURPOSE OR GENERAL IDEA OF BILL:
To define and prohibit cyber-bullying.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Provides that it is the Legislature's intent to continue to
ensure that New York State's public schools are safe and free from
cyber-bullying.

Section 2. The education law is amended by adding a new section 2803
to define cyber-bullying as engaging in acts of abusive behavior over
a period of time by communication sent by mechanical or electronic
means, posting statements on the internet or through a computer
network. Any incident of cyber-bullying would be an unclassified
misdemeanor punishable by a fine and/or imprisonment.

JUSTIFICATION:
Bullying is a long-standing problem among school-aged
children. With increasing accessibility to electronic means of
communication, bullying has transformed from a predominantly
school-based issue to a broader societal problem. Bullying now goes
beyond the classroom to bullying on the job, on athletic teams and
through the internet. One way to combat cyber-bullying is to maintain
and enforce consistent policies against bullying and harassment,
including cyber-bullying.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6614

                            I N  S E N A T E

                              March 5, 2012
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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:

  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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13596-01-1

S. 6614                             2

  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, INDIVIDUAL, CORPORATION,
UNINCORPORATED ASSOCIATION,  PROPRIETORSHIP,  FIRM,  PARTNERSHIP,  JOINT
VENTURE,  JOINT-STOCK ASSOCIATION, OR OTHER ENTITY OR BUSINESS ORGANIZA-
TION OF ANY KIND.
  2.  NO PERSON SHALL ENGAGE IN  CYBER-BULLYING  AGAINST  ANY  MINOR  OR
PERSON.
  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.

Co-Sponsors

view additional co-sponsors

S6614A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10176A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §2803, Ed L

S6614A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6614A

TITLE OF BILL:
An act
to amend
the education law, in relation to prohibiting cyber-bullying

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Provides that it is the
Legislature's intent to continue to ensure that New York State's
public schools are safe and free from cyber-bullying.

Section 2 - The Education Law is amended by adding a new section 2803
to define cyber-bullying as engaging in acts of abusive behavior over
a period of time by communication sent by mechanical or electronic
means, posting statements on the Internet or through a computer
network. Any incident of cyber-bullying against any minor would be an
unclassified misdemeanor punishable by a fine and/or imprisonment.

JUSTIFICATION:
Bullying is a long-standing problem among school-aged
children. With increasing accessibility to electronic means of
communication, bullying has transformed from a predominantly
school-based issue to a broader societal problem. Bullying now goes
beyond the classroom to bullying on the job, on athletic teams and
through the Internet. One way to combat cyber-bullying is to maintain
and enforce consistent policies against bullying and harassment,
including cyber-bullying.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 6614--A
    Cal. No. 564

                            I N  S E N A T E

                              March 5, 2012
                               ___________

Introduced  by  Sens. RANZENHOFER, AVELLA, DeFRANCISCO, GOLDEN, LAVALLE,
  MAZIARZ, SEWARD, YOUNG -- read twice and  ordered  printed,  and  when
  printed  to  be  committed  to  the Committee on Education -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

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.
                                                           LBD13596-06-2

S. 6614--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 REPEATED COURSE OF COMMUNI-
CATION, OR REPEATEDLY CAUSING A COMMUNICATION TO BE SENT, BY  MECHANICAL
OR  ELECTRONIC  MEANS,  POSTING  STATEMENTS ON THE INTERNET OR THROUGH A
COMPUTER NETWORK WITH NO LEGITIMATE COMMUNICATION PURPOSE  WHICH  CAUSES
ALARM  OR  SERIOUS  ANNOYANCE,  OR  IS  LIKELY TO CAUSE ALARM OR SERIOUS
ANNOYANCE.
  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.

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