Text of MI HB 6472 (2010)

HOUSE BILL No. 6472 September 21, 2010, Introduced by Reps. Scripps, Lisa Brown, Segal, Slavens and Haase and referred to the Committee on Judiciary. 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.