THE SENATE

S.B. NO.

268

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE PENAL CODE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

     SECTION 1.  Section 707-700, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Bullying" means any written, verbal, graphic, or physical act that a student or group of students exhibits toward a particular student or students and the behavior causes professionally certified psychological harm or damage to the other student or students, and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student or students.

     "Cyberbullying" means electronically transmitted acts, including through the Internet, cell phone, personal digital assistant, or wireless hand-held device that a student has exhibited toward another student which causes professionally certified psychological harm or damage to the other student and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment:

     (1)  On campus, or other school premises, when applicable, on a school vehicle, or during a school sponsored activity or event on or off school property;

     (2)  Through a school data system without school authorized communication; or

     (3)  Through an off campus computer network that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student.

Electronic transmissions include but are not limited to the use of data, computer software that is accessed through a computer, a computer network system, other computerized systems, cellular phones, or other similar electronic devices that display electronic mail, text messaging, blogs, photos, drawings, video clips, online community websites, or faxes, or a combination of the foregoing.

     "Professionally certified" means a written certification issued by a person licensed under chapters 453, 453D, or 465."

     SECTION 2.  Section 707-715, Hawaii Revised Statutes, is amended to read as follows:

     "§707-715  Terroristic threatening, defined.  A person commits the offense of terroristic threatening if the person threatens, by word or conduct, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit a felony:

     (1)  With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; [or]

     (2)  With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation[.]; or

     (3)  Engages in bullying or cyberbullying of a public or private school student in grades pre-kindergarten through twelve."

PART II

     SECTION 3.  Section 711-1100, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Bullying" means any written, verbal, graphic, or physical act that a student or group of students exhibits toward a particular student or students and the behavior causes professionally certified psychological harm or damage to the other student or students, and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student or students.

     "Cyberbullying" means electronically transmitted acts, including through the Internet, cell phone, personal digital assistant, or wireless hand-held device that a student has exhibited toward another student which causes professionally certified psychological harm or damage to the other student and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment:

     (1)  On campus, or other school premises, when applicable, on a school vehicle, or during a school sponsored activity or event on or off school property;

     (2)  Through a school data system without school authorized communication; or

     (3)  Through an off campus computer network that is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student.

Electronic transmissions include but are not limited to the use of data, computer software that is accessed through a computer, a computer network system, other computerized systems, cellular phones, or other similar electronic devices that display electronic mail, text messaging, blogs, photos, drawings, video clips, online community websites, or faxes, or a combination of the foregoing.

     "Professionally certified" means a written certification issued by a person licensed under chapters 453, 453D, or 465."

     SECTION 4.  Section 711-1106, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:

    (a)   Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;

    (b)   Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;

    (c)   Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;

    (d)   Repeatedly makes a communication anonymously or at an extremely inconvenient hour;

    (e)   Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; [or]

    (f)   Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another[.]; or

    (g)   Engages in bullying or cyberbullying of a public or private school student in grades pre-kindergarten through twelve."

PART III

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Penal Code; Students; Bullying; Terroristic Threatening; Harassment; Cyberbullying; Psychological and Mental Damage

 

Description:

Criminalizes bullying and cyberbullying against public or private school students in grades pre-kindergarten through twelve that causes professionally certified psychological harm or damage by adding bullying and cyberbullying to the crimes of terroristic threatening and harassment.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.