Assembly Bill A9741

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9741
 
                           I N  A S S E M B L Y
 
                             February 5, 2018
                                ___________
 
 Introduced  by  M.  of A. D. ROSENTHAL, BRABENEC, CROUCH, ORTIZ, HOOPER,
   WILLIAMS, GALEF, COOK, ARROYO, COLTON, RAIA, McDONOUGH, MOSLEY,  DICK-
   ENS,  ABBATE  -- Multi-Sponsored by -- M. of A. CRESPO, HEVESI -- read
   once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to prohibiting  cyberbul-
   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 cyberbullying are often more extreme in the threats
 and  taunts  they  inflict on their victims, as they do not actually see
 their victim's emotional reaction to the abuse and believe that they are
 anonymous. Victims of cyberbullying suffer very real and serious 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 the  cyberbullying  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
 cyberbullying.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06130-05-8

 A. 9741                             2
 
   § 2. The education law is amended by adding a new section 12-a to read
 as follows:
   § 12-A. CYBERBULLYING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A.  MINOR SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL UNDER THE AGE OF
 EIGHTEEN.
   B. PERSON SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL.
   2. ANY PERSON WHO KNOWINGLY ENGAGES IN A REPEATED COURSE OF  CYBERBUL-
 LYING OF A MINOR SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHA-
 BLE  BY  A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY A PERIOD OF
 IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BY BOTH SUCH FINE AND  IMPRISON-
 MENT.
   § 3. This act shall take effect immediately.