What's happening
This bill makes parents and legal guardians financially liable for bullying or harassment offenses committed by their minor children.
Why it matters
Expands legal and financial responsibility. By holding parents and legal guardians liable for their child's bullying or harassment, this bill could push families to take a more active role in monitoring and addressing their child’s behavior, potentially leading to earlier interventions and changes at home.
Defines bullying and harassment broadly. The bill introduces detailed definitions that cover verbal, physical, written, and digital forms of abuse, as well as repeated conduct, reflecting the complexities of modern bullying and making it clear that a wide range of harmful behaviors are covered.
Establishes presumptions of parental knowledge. If a parent or guardian has been notified in writing by law enforcement of a prior incident and another occurs within 90 days, the law presumes the parent allowed the second offense—potentially lowering the burden to prove parental liability in repeated cases.
Includes safeguards for free speech and protected activities. The bill specifically states it does not apply to constitutionally protected speech or activities, aiming to balance the enforcement of anti-bullying measures with First Amendment rights.
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Who cares
Headline styles
Hold Parents Liable for Bullying
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History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3898
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. LAVINE -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to liability of parents and legal guardians for bullying offenses of minors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general obligations law is amended by adding a new section 3-113 to read as follows:
§ 3-113. Liability of parents and legal guardians for bullying offenses of minors. 1. The parent or legal guardian, other than the state, a local social services department or a foster parent, of a minor over ten and less than eighteen years of age, shall be liable for penalties imposed for violations of this section.
2. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(a) "Bullying" shall mean an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander or threaten another person and which serves no legitimate purpose.
(b) "Course of conduct" shall mean a pattern of conduct composed of a series of acts over a period of time however short, evidencing a continuity of purpose.
(c) "Harassment" is defined as any conduct, whether verbal, physical, written, or by means of any mode of communication, which is prohibited as harassment or aggravated harassment as defined in article two hundred forty of the penal law or is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.
3. It shall be a violation for any person to engage in bullying or harassment of any person or to induce another person to engage in such bullying or harassment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07865-01-7
A. 3898 2
4. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
5. This section shall not be construed to apply to any constitutionally protected activity or speech.
6. It shall be a violation for any custodial parent or guardian of any un-emancipated minor under eighteen years of age to allow or permit such minor to violate the provisions of subdivision three of this section. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of subdivision three of this section by the same minor occurring within ninety days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
7. Except where another penalty is prescribed by law, any person who shall violate any provision of this section shall be subject, upon conviction thereof, to a fine of not less than fifty dollars nor more than one thousand dollars, together with the costs of prosecution. Upon a subsequent violation of this section within one year such person shall be subject to a fine of not less than one hundred dollars nor more than two thousand dollars for each such offense, together with costs of prosecution. Each violation and each day a violation continues or occurs shall constitute a separate offense.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.