AB 434

Current law requires the Department of Public Instruction (DPI) to develop a

model school policy on bullying by pupils and requires each school board to adopt a

policy prohibiting bullying. A school board may adopt DPI's model policy. The model

policy must include certain elements. For example, it must define bullying; identify

the property owned, leased, or used by the school district on which the policy applies;

and require that school district officials and employees report incidents of bullying.

This bill requires that the definition of bullying in DPI's model policy include

bullying by electronic means. The bill also requires that the model policy include a

requirement that a school district official who has reasonable cause to suspect that

a bullying incident is a violation of a criminal law report the incident to a law

enforcement agency. Finally, the bill requires the model policy to include appropriate

responses to bullying that occurs off school grounds in certain circumstances.

Current law prohibits a person from sending an e-mail message to another

person if that message threatens to harm any person or property and if the sender

intends to frighten, intimidate, threaten, abuse, or harass any person. A person who

violates the prohibition is guilty of a Class B misdemeanor and is subject to a

maximum fine of $1,000 or imprisonment of not more than 90 days, or both. This bill

prohibits a person from posting an electronic message where others can view it if that

message threatens to harm any person or property and if the person who posts it

intends to frighten, intimidate, threaten, abuse, or harass another person. A person

who violates this new prohibition is guilty of a Class B misdemeanor.

Current law also prohibits a person from sending an e-mail message to another

person if that message uses any obscene, lewd, or profane language or suggests any

lewd or lascivious act and if the sender intends to harass, annoy, or offend another

person. A person who violates the prohibition is subject to a forfeiture of up to $1,000.

This bill prohibits a person from posting an electronic message where others can view

it if that message uses any obscene, lewd, or profane language or suggests any lewd

or lascivious act and if the sender intends to harass, annoy, or offend another person.

A person who violates this new prohibition is subject to a forfeiture of up to $1,000.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.