HOUSE OF REPRESENTATIVES

H.B. NO.

688

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

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

 


     SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§711-    Harassment by cyberbullying.  (1)  A person commits the offense of harassment by cyberbullying if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion without legitimate purpose.

     (2)  A person convicted under this section may be required to undergo a counseling program as ordered by the court.

     (3)  Harassment by cyberbullying is a misdemeanor and the person shall be sentenced as follows:

    (a)   For the first offense the person shall serve a minimum jail sentence of forty-eight hours;

    (b)   For a second offense that occurs within one year of the first conviction, the person shall be deemed a "repeat offender" and serve a minimum jail sentence of thirty days; and

    (c)   For a third or any subsequent offense that occurs within two years of a second or subsequent conviction, the offense shall be a class C felony.

     (4)  For purposes of this section:

     "Cyberbullying" means electronically transmitted acts, whether by the Internet, cell phone, personal digital assistance device, or any wireless hand-held device, which a person has exhibited toward another person that causes mental or physical harm to the other person and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive environment.

     "Nonconsensual contact" means any contact that occurs without the consent of the individual who receives the contact or in disregard of that individual's express desire that the contact be avoided or discontinued.  Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or any form of electronic communication, as defined in section 711‑1111(2), including electronic mail transmission."

    

     SECTION 2.  Section 302A‑101, 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 or acts that:

     (1)  A student or group of students exhibits toward another student or group of students;

     (2)  Cause mental or physical harm to the other student or group of students; and

     (3)  Are sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment.

Bullying includes conduct that is based on a student's actual or perceived race, color, national origin, sex, gender identity or expression, sexual orientation, physical or mental disability, religion, physical appearance and characteristic, or socio‑economic status; or a student's association with a person or group with one or more of these actual or perceived characteristics.

     "Cyberbullying" means an act or acts exhibited by one student or group of students to another student or group of students that:

     (1)  Are conveyed by electronic transmission via the Internet, a cell phone, a personal digital assistant (PDA), or a wireless hand-held device;

     (2)  Cause mental or physical harm to the student or group of students that receives the electronic transmission; and

     (3)  Are sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment.

     "Harassment" means harassing, bullying, including cyberbullying, annoying, or alarming a student or group of students by engaging in conduct that includes:

     (1)  Striking, shoving, kicking, or otherwise touching a student or group of students in an offensive manner or subjecting that student or group of students to offensive physical contact;

     (2)  Insulting, taunting, or challenging another student or group of students in a manner likely to provoke a violent response;

     (3)  Making verbal or non-verbal expressions that cause another student or group of students to feel uncomfortable, pressured, threatened, or in danger because of reasons that include the student's or group's actual or perceived race, color, national origin, sex, gender identity or expression, sexual orientation, physical or mental disability, religion, physical appearance and characteristic, and socio-economic status, or association therewith, that creates an intimidating, hostile, or offensive educational environment, or interferes with the education of a student or group of students, or otherwise adversely affects the educational opportunity of a student or group of students;

     (4)  Name calling, making rude gestures, insulting, or teasing another student or group of students who, as a result, feels humiliated, intimidated, threatened, or embarrassed;

     (5)  Making a telephone call without the purpose of legitimate communication;

     (6)  Making repeated communications anonymously, at extremely inconvenient hours, or in offensively coarse language on campus or other department of education premises, on department of education transportation, or during a department of education-sponsored activity or event on or off school property;

     (7)  Causing fear as to prevent other students or groups of students from gaining legitimate access to or use of school buildings, facilities, services, or grounds such as restroom facilities; and

     (8)  Physically harming, physically restraining, threatening, or stalking, or a combination thereof."

     SECTION 3.  (a)  The board of education shall monitor the department of education for compliance with any administrative rules or statutes governing bullying, cyberbullying, and harassment.

     (b)  The board of education shall establish reporting requirements for the department of education to report to the board of education on the department of education's compliance with any administrative rules or statutes governing bullying, cyberbullying, and harassment.

     (c)  For purposes of this section, "bullying", "cyberbullying", and "harassment" shall have the same meanings as in section 302A-101, Hawaii Revised Statutes.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2030.

 



 

Report Title:

Keiki Caucus; Safe Schools Act; Bullying

 

Description:

Defines "bullying", "cyberbullying", and "harassment" in chapter 302A, Hawaii Revised Statutes, relating to the public schools.   Establishes the offense of harassment by cyberbullying, with the first and second offenses as misdemeanors, and any third and subsequent offense as a class C felony.  Requires the board of education to monitor the department of education's compliance with any rules or statutes covering bullying, cyberbullying, or harassment and to establish reporting requirements for the department of education.   Effective July 1, 2030.  (SD1)

 

 

 

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