2020 -- H 8003

========

LC005278

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- CRIMINAL HARASSMENT

     Introduced By: Representatives Canario, O'Brien, Amore, Phillips, and Edwards

     Date Introduced: March 12, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 70

CRIMINAL HARASSMENT

     11-70-1. Criminal harassment prohibited.

     (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series

of acts over a period of time directed at a specific person which seriously alarms that person and

would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime

of criminal harassment.

     (b) The conduct or acts described in subsection (a) of this section shall include, but not be

limited to, bullying or cyber bulling as defined in § 16-21-33 or conduct or acts conducted by mail

or by use of a telephonic or telecommunication device or electronic communication device

including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data

or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-

electronic or photo-optical system, including, but not limited to, electronic mail, Internet

communications, instant messages or facsimile communications.

     11-70-2. Penalties.

     Any person in violation of this chapter shall be guilty of a misdemeanor and upon

conviction subject to imprisonment of not more than one year, a fine of not more than one thousand

dollars ($1,000), or both. A second or subsequent violation of this section shall be a felony and,

upon conviction, subject to imprisonment of not more than three (3) years, a fine of not more than

three thousand dollars ($3,000), or both.

     SECTION 2. Section 16-21-34 of the General Laws in Chapter 16-21 entitled "Health and

Safety of Pupils" is hereby amended to read as follows:

     16-21-34. Statewide bullying policy implemented.

     (a) The Rhode Island department of education shall prescribe by regulation a statewide

bullying policy, ensuring a consistent and unified, statewide approach to the prohibition of bullying

at school. The statewide policy shall apply to all schools that are approved for the purpose of § 16-

9-1 and shall contain the following:

     (1) Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation of

school;

     (2) Clear requirements and procedures for students, staff, parents, guardians and others to

report bullying or retaliation;

     (3) A provision that reports of bullying or retaliation may be made anonymously; provided,

however, that no disciplinary action shall be taken against a student solely on the basis of an

anonymous report;

     (4) Clear procedures for promptly responding to and investigating reports of bullying or

retaliation;

     (5) The range of disciplinary actions that may be taken against a perpetrator for bullying

or retaliation; provided, however, that the disciplinary actions shall balance the need for

accountability with the need to teach appropriate behavior; and provided, further:

     (i) A parental engagement strategy; and

     (ii) A provision that states punishments for violations of the bullying policy shall be

determined by the school's appropriate authority; however, no student shall be suspended from

school unless it is deemed a necessary consequence of the violations;

     (6) Clear procedures for restoring a sense of safety for a victim and assessing that victim's

needs for protection;

     (7) Strategies for protecting from bullying or retaliation a person who reports bullying,

provides information during an investigation of bullying or witnesses or has reliable information

about an act of bullying;

     (8) Procedures for promptly notifying the parents or guardians of a victim and a perpetrator;

provided, further, that the parents or guardians of a victim shall also be notified of the action taken

to prevent any further acts of bullying or retaliation; and provided, further, that the procedures shall

LC005278 - Page 2 of 5

provide for immediate notification of the local law enforcement agency when criminal charges may

be pursued against the perpetrator or where a potential violation under § 11-70-1 has occurred;

     (9) A provision that a student who knowingly makes a false accusation of bullying or

retaliation shall be subject to disciplinary action;

     (10) A strategy for providing counseling or referral to appropriate services currently being

offered by schools or communities for perpetrators and victims and for appropriate family members

of said students. The plan shall afford all students the same protection regardless of their status

under the law;

     (11) A provision that requires a principal or designee to be responsible for the

implementation and oversight of the bullying policy;

     (12) Provisions for informing parents and guardians about the bullying policy of the school

district or school shall include, but not be limited to:

     (i) A link to the policy prominently posted on the home page of the school district's website

and distributed annually to parents and guardians of students;

     (ii) A provision for notification, within twenty-four (24) hours, of the incident report, to

the parents or guardians of the victim of bullying and parents or guardians of the alleged perpetrator

of the bullying;

     (13) A school employee, school volunteer, student, parent, legal guardian, or relative

caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official

designated in the school's policy is immune from a cause of action for damages arising from

reporting bullying;

     (14) This section does not prevent a victim from seeking redress under any other available

law, either civil or criminal. This section does not create or alter any tort liability;

     (15) Students shall be prohibited from accessing social networking sites at school, except

for educational or instructional purposes and with the prior approval from school administration.

Nothing in this act shall prohibit students from using school department or school websites for

educational purposes. School districts and schools are encouraged to provide in-service training on

Internet safety for students, faculty and staff; and

     (16) All school districts, charter schools, career and technical schools, approved private

day or residential schools and collaborative schools shall be subject to the requirements of this

section. School districts and schools must adopt the statewide bullying policy promulgated pursuant

to this section by June 30, 2012.

LC005278 - Page 3 of 5

     SECTION 3. This act shall take effect upon passage.

========

LC005278

========

LC005278 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- CRIMINAL HARASSMENT

***

     This act would create the offense of criminal harassment to prosecute persons who willfully

and maliciously engage in a pattern of conduct which seriously alarms another person.

     This act would take effect upon passage.

========

LC005278

========

LC005278 - Page 5 of 5