HOUSE BILL No. 4055

 

January 22, 2013, Introduced by Rep. Slavens and referred to the Committee on Education.

 

     A bill to provide for the reporting of cyberbullying

 

incidents; and to provide for certain powers and duties of law

 

enforcement officers and school officials regarding those

 

incidents.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"cyberbullying reporting act".

 

     Sec. 2. As used in this act:

 

     (a) "Cyberbullying" means any electronic communication

 

including, but not limited to, an electronic communication shown to

 

be motivated by a pupil's actual or perceived race, color,

 

religion, national origin, ancestry or ethnicity, sexual

 

orientation, physical, mental, emotional, or learning disability,

 

gender, gender identity and expression, or other distinguishing

 


personal characteristic, or based on association with any person

 

with 1 or more of these actual or perceived distinguishing personal

 

characteristics, if the electronic communication is intended to

 

meet 1 or more of the following criteria:

 

     (i) To physically harm a pupil or damage the pupil's property.

 

     (ii) To substantially interfere with a pupil's educational

 

opportunities.

 

     (iii) To be so severe, persistent, or pervasive that it creates

 

an intimidating or threatening educational environment.

 

     (iv) To substantially disrupt the orderly operation of the

 

school.

 

     (b) "Electronic communication" means any communication through

 

a telecommunications access device or other electronic device,

 

including, but not limited to, a telephone, cellular phone,

 

computer, or pager, which communication includes, but is not

 

limited to, electronic mail, instant messaging, text messages,

 

blogs, mobile telephones, pagers, online games, and websites.

 

     (c) "School" means a public or nonpublic elementary or

 

secondary school in this state.

 

     Sec. 3. The department of state police and the department of

 

education shall utilize the Michigan school violence hotline to

 

accept reports of cyberbullying in schools, in addition to other

 

reports of violence or suspicious or criminal conduct by juveniles

 

currently accepted through that hotline.

 

     Sec. 4. If a law enforcement officer or official receives a

 

credible report of an incident of cyberbullying by or against a

 

pupil or pupils enrolled at a school, the law enforcement officer's

 


or official's law enforcement agency shall promptly report that

 

incident to all of the following persons:

 

     (a) A school official at the school or schools in which any

 

alleged perpetrator or victim of the cyberbullying incident is

 

enrolled as a pupil.

 

     (b) The parent or guardian of each alleged perpetrator or

 

victim of the alleged cyberbullying incident.

 

     Sec. 5. If a school official becomes aware of, or receives a

 

credible report of, an alleged cyberbullying incident at that

 

school, the school official shall promptly report that alleged

 

incident to a parent or guardian of any alleged perpetrator or

 

victim of the incident.