Bill Text: NY S04302 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits a person from knowingly engaging in a repeated course of cyberbullying of a minor; guilty of an unclassified misdemeanor punishable by a fine not more than one thousand dollars, or by a period of imprisonment not to exceed one year, or both.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S04302 Detail]

Download: New_York-2019-S04302-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4302
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 7, 2019
                                       ___________
        Introduced  by  Sens.  RANZENHOFER,  ADDABBO,  CARLUCCI,  FUNKE, O'MARA,
          RITCHIE, SEPULVEDA -- 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  cyberbul-
          lying
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent.  The legislature finds that:
     2    a. Bullying is a long-standing problem among school-aged  children  in
     3  New  York state and throughout the nation. With increasing accessibility
     4  to electronic means of communication, bullying has  transformed  from  a
     5  predominantly school-based issue to a broader societal problem.
     6    b.  Researchers  have  demonstrated that bullying has long-term conse-
     7  quences. Further, bullying goes beyond the classroom to bullying on  the
     8  job, on athletic teams, on college campuses and the internet.
     9    c.  Experts  researching  bullying  have  suggested  that one tool for
    10  schools to use  in  combatting  bullying  is  to  maintain  and  enforce
    11  consistent  policies  against  bullying and harassment, including cyber-
    12  bullying. Such enforcement is not always  possible  if  bullying  occurs
    13  away from school or by a non-student.
    14    d. Perpetrators of cyberbullying are often more extreme in the threats
    15  and  taunts  they  inflict on their victims, as they do not actually see
    16  their victim's emotional reaction to the abuse and believe that they are
    17  anonymous. Victims of cyberbullying suffer very real and serious harm as
    18  a result of these incidents, often showing signs of depression, anxiety,
    19  social isolation, nervousness  when  interacting  with  technology,  low
    20  self-esteem  and  declining  school  performance. In some cases, victims
    21  attempt or commit suicide in part because of the  cyberbullying  they've
    22  endured.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01607-01-9
        S. 4302                             2
     1    e.  Enactment  of  this  act  is  necessary and appropriate to further
     2  ensure that New York state's public  schools  are  safe  and  free  from
     3  cyberbullying.
     4    § 2. The education law is amended by adding a new section 12-a to read
     5  as follows:
     6    § 12-a. Cyberbullying. 1. As used in this section, the following terms
     7  shall have the following meanings:
     8    a.  Minor shall mean any natural person or individual under the age of
     9  eighteen.
    10    b. Person shall mean any natural person or individual.
    11    2. Any person who knowingly engages in a repeated course of  cyberbul-
    12  lying of a minor shall be guilty of an unclassified misdemeanor punisha-
    13  ble  by  a fine of not more than one thousand dollars, or by a period of
    14  imprisonment not to exceed one year, or by both such fine and  imprison-
    15  ment.
    16    § 3. This act shall take effect immediately.