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

                                   865

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sens.  RANZENHOFER,  DeFRANCISCO, 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.
                                                           LBD02133-01-5

S. 865                              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.
  S 2. The education law is amended by adding a new section 2803 to read
as follows:
  S  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.
  S 3. This act shall take effect immediately.