Assembly Bill A10347

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

                                  10347

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the general obligations law, in relation to liability of
  parents and legal guardians for bullying offenses of minors

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

  Section 1. The general obligations law is  amended  by  adding  a  new
section 3-113 to read as follows:
  S  3-113.  LIABILITY  OF  PARENTS  AND  LEGAL  GUARDIANS  FOR BULLYING
OFFENSES OF MINORS. 1. THE PARENT OR  LEGAL  GUARDIAN,  OTHER  THAN  THE
STATE, A LOCAL SOCIAL SERVICES DEPARTMENT OR A FOSTER PARENT, OF A MINOR
OVER TEN AND LESS THAN EIGHTEEN YEARS OF AGE, SHALL BE LIABLE FOR PENAL-
TIES IMPOSED FOR VIOLATIONS OF THIS SECTION.
  2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING  MEANINGS,  UNLESS  THE  CONTEXT  CLEARLY INDICATES THAT A DIFFERENT
MEANING IS INTENDED:
  (A) "BULLYING" SHALL MEAN AN INTENTIONAL COURSE OF  CONDUCT  WHICH  IS
REASONABLY  LIKELY TO INTIMIDATE, EMOTIONALLY ABUSE, SLANDER OR THREATEN
ANOTHER PERSON AND WHICH SERVES NO LEGITIMATE PURPOSE.
  (B) "COURSE OF CONDUCT" SHALL MEAN A PATTERN OF CONDUCT COMPOSED OF  A
SERIES  OF ACTS OVER A PERIOD OF TIME HOWEVER SHORT, EVIDENCING A CONTI-
NUITY OF PURPOSE.
  (C) "HARASSMENT" IS DEFINED AS ANY CONDUCT, WHETHER VERBAL,  PHYSICAL,
WRITTEN,  OR  BY MEANS OF ANY MODE OF COMMUNICATION, WHICH IS PROHIBITED
AS HARASSMENT OR AGGRAVATED HARASSMENT AS DEFINED IN ARTICLE TWO HUNDRED
FORTY OF THE PENAL LAW OR IS ANY INTENTIONAL COURSE OF CONDUCT WHICH  IS
LIKELY  TO CREATE AN INTIMIDATING, HOSTILE OR OFFENSIVE ENVIRONMENT, AND
WHICH SERVES NO LEGITIMATE PURPOSE.
  3. IT SHALL BE A VIOLATION FOR ANY PERSON TO  ENGAGE  IN  BULLYING  OR
HARASSMENT  OF  ANY PERSON OR TO INDUCE ANOTHER PERSON TO ENGAGE IN SUCH
BULLYING OR HARASSMENT.
  4. NO PERSON SHALL  RETALIATE  AGAINST  ANY  PERSON  WHO  REPORTS  ANY
CONDUCT WHICH IS PROHIBITED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15221-01-6
              

A. 10347                            2

  5.  THIS  SECTION  SHALL  NOT  BE  CONSTRUED TO APPLY TO ANY CONSTITU-
TIONALLY PROTECTED ACTIVITY OR SPEECH.
  6. IT SHALL BE A VIOLATION FOR ANY CUSTODIAL PARENT OR GUARDIAN OF ANY
UN-EMANCIPATED MINOR UNDER EIGHTEEN YEARS OF AGE TO ALLOW OR PERMIT SUCH
MINOR  TO  VIOLATE  THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION.
THE FACT THAT PRIOR TO THE PRESENT OFFENSE A PARENT, GUARDIAN OR  CUSTO-
DIAN  WAS INFORMED IN WRITING BY A LAW ENFORCEMENT OFFICER OF A SEPARATE
VIOLATION OF SUBDIVISION THREE OF THIS SECTION BY THE SAME MINOR  OCCUR-
RING  WITHIN NINETY DAYS PRIOR TO THE PRESENT OFFENSE SHALL CONSTITUTE A
REBUTTABLE PRESUMPTION THAT SUCH PARENT, GUARDIAN OR  CUSTODIAN  ALLOWED
OR PERMITTED THE PRESENT VIOLATION.
  7.  EXCEPT  WHERE ANOTHER PENALTY IS PRESCRIBED BY LAW, ANY PERSON WHO
SHALL VIOLATE ANY PROVISION OF  THIS  SECTION  SHALL  BE  SUBJECT,  UPON
CONVICTION  THEREOF,  TO  A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE
THAN ONE THOUSAND DOLLARS, TOGETHER WITH THE COSTS OF PROSECUTION.  UPON
A SUBSEQUENT VIOLATION OF THIS SECTION WITHIN ONE YEAR SUCH PERSON SHALL
BE SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE  THAN
TWO THOUSAND DOLLARS FOR EACH SUCH OFFENSE, TOGETHER WITH COSTS OF PROS-
ECUTION.  EACH  VIOLATION  AND  EACH DAY A VIOLATION CONTINUES OR OCCURS
SHALL CONSTITUTE A SEPARATE OFFENSE.
  S 2. This act shall take effect immediately.