S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2318
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER,  AVELLA, DeFRANCISCO, FUNKE, GOLDEN,
   LARKIN -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06130-01-7

              

 S. 2318                             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.
   § 2. The education law is amended by adding a new section 2803 to read
 as follows:
   §  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.
   § 3. This act shall take effect immediately.