S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3982
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law and the education law, in relation to  the
   mandatory reporting of school safety threats
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 240.64  to
 read as follows:
 § 240.64 FAILURE TO REPORT A SCHOOL SAFETY THREAT.
   A  PERSON  IS  GUILTY OF FAILURE TO REPORT A SCHOOL SAFETY THREAT WHEN
 SUCH PERSON WHO BECOMES AWARE OF A THREAT AGAINST A SCHOOL, STUDENT,  OR
 EDUCATIONAL  INSTITUTION  THROUGH  SOCIAL  MEDIA  OR  ANY OTHER WRITTEN,
 VERBAL, OR ELECTRONIC COMMUNICATION PLATFORM FAILS TO IMMEDIATELY REPORT
 SUCH THREAT TO LOCAL LAW  ENFORCEMENT  AUTHORITIES;  PROVIDED,  HOWEVER,
 THAT  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO INDIVIDUALS WHO
 ARE UNDER THE AGE OF THIRTEEN OR WHOSE JUDGMENT IS  OTHERWISE  IMPAIRED.
 REPORTS OF SCHOOL SAFETY THREATS MAY BE MADE VIA TELEPHONE, EMAIL, OR IN
 PERSON. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   1.  "SCHOOL  SAFETY THREAT" MEANS ACTIONS, STATEMENTS, INCLUDING WRIT-
 TEN, VERBAL, OR ELECTRONIC COMMUNICATION, OR A PATTERN OF BEHAVIOR BY  A
 STUDENT  THAT  INDICATES  AN  INTENT TO PHYSICALLY HARM ANOTHER STUDENT,
 ANYONE EMPLOYED IN THE SCHOOL, ANY MEMBER  OF  THE  GENERAL  PUBLIC,  OR
 THEMSELF, INCLUDING BUT NOT LIMITED TO ANY WRITTEN, VERBAL, OR ELECTRON-
 IC  COMMUNICATION  THAT  SUGGESTS INTENT TO HARM STUDENTS, STAFF, SCHOOL
 PROPERTY, OR DISRUPT THE EDUCATIONAL ENVIRONMENT.
   2. "SOCIAL MEDIA" SHALL MEAN ANY INTERNET-BASED PLATFORM  THAT  ALLOWS
 USERS  TO  CREATE,  SHARE,  OR  EXCHANGE  INFORMATION, IDEAS, AND MEDIA,
 INCLUDING BUT NOT LIMITED TO FACEBOOK, X, INSTAGRAM, TIKTOK, AND  SNAPC-
 HAT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07566-01-5
 A. 3982                             2
              

 
   3.  "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN LOCAL POLICE DEPARTMENTS,
 SCHOOL RESOURCE OFFICERS, OR  ANY  OTHER  LAW  ENFORCEMENT  AGENCY  WITH
 JURISDICTIONAL  AUTHORITY  OVER  A  SCHOOL OR PUBLIC INSTITUTION WHERE A
 SAFETY THREAT IS MADE.
   ANY PERSON OR ENTITY ACTING REASONABLY AND IN GOOD FAITH IN COMPLIANCE
 WITH THIS SECTION SHALL NOT BE SUBJECT TO CRIMINAL, CIVIL OR ADMINISTRA-
 TIVE LIABILITY SOLELY BY REASON OF SUCH ACTION.
   FAILURE TO REPORT A SCHOOL SAFETY THREAT IS A CLASS A MISDEMEANOR.
   § 2. The education law is amended by adding a new section 2803 to read
 as follows:
   § 2803. MANDATORY REPORTING OF SCHOOL SAFETY THREATS. 1. (A) ANY INDI-
 VIDUAL  WHO  BECOMES  AWARE  OF  A  THREAT AGAINST A SCHOOL, STUDENT, OR
 EDUCATIONAL INSTITUTION THROUGH  SOCIAL  MEDIA  OR  ANY  OTHER  WRITTEN,
 VERBAL, OR ELECTRONIC COMMUNICATION SHALL REPORT IT IMMEDIATELY TO LOCAL
 LAW  ENFORCEMENT  AUTHORITIES.  SUCH  REPORTS MAY BE MADE VIA TELEPHONE,
 EMAIL, OR IN PERSON.
   (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO  INDIVIDUALS WHO ARE UNDER THE AGE OF THIRTEEN OR WHOSE MENTAL
 JUDGMENT IS OTHERWISE IMPAIRED.
   2. (A) THE DEPARTMENT, IN PARTNERSHIP WITH LAW  ENFORCEMENT  AGENCIES,
 SHALL DEVELOP A STATEWIDE EDUCATION PROGRAM TO INFORM STUDENTS, PARENTS,
 TEACHERS,  AND  SCHOOL  STAFF  ABOUT  THE IMPORTANCE OF REPORTING SCHOOL
 SAFETY THREATS AND THE CONSEQUENCES OF FAILING  TO  DO  SO  PURSUANT  TO
 SECTION 240.64 OF THE PENAL LAW.
   (B)  SCHOOLS  SHALL  CONDUCT  ANNUAL  TRAINING SESSIONS TO ENSURE THAT
 STUDENTS AND STAFF UNDERSTAND THEIR RESPONSIBILITIES  PURSUANT  TO  THIS
 SECTION.
   3.  THE  DEPARTMENT, IN COLLABORATION WITH LOCAL LAW ENFORCEMENT AGEN-
 CIES, SHALL ESTABLISH RULES AND REGULATIONS FOR PROCESSING AND  RESPOND-
 ING  TO SCHOOL SAFETY THREATS REPORTED PURSUANT TO THIS SECTION, INCLUD-
 ING  IDENTIFYING,  INVESTIGATING,  AND  RESPONDING   TO   CREDIBLE   AND
 NON-CREDIBLE SCHOOL SAFETY THREATS EFFICIENTLY.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.