S T A T E O F N E W Y O R K
________________________________________________________________________
3898
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
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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:
§ 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07865-01-7
A. 3898 2
4. NO PERSON SHALL RETALIATE AGAINST ANY PERSON WHO REPORTS ANY
CONDUCT WHICH IS PROHIBITED BY THIS SECTION.
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.
§ 2. This act shall take effect immediately.