SECOND REGULAR SESSION

HOUSE BILL NO. 1683

94TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVE MEINERS.

                  Read 1st time January 16, 2008 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

3911L.01I


 

AN ACT

To repeal sections 160.775 and 578.450, RSMo, and to enact in lieu thereof two new sections relating to Internet bullying, with penalty provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Sections 160.775 and 578.450, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 160.775 and 578.450, to read as follows:

            160.775. 1. Every district shall adopt an antibullying policy by September 1, 2007.

            2. "Bullying" means intimidation or harassment that causes a reasonable student to fear for his or her physical safety or property. Bullying may consist of physical actions, including gestures, or oral or written communication including communication over the Internet, and any threat of retaliation for reporting of such acts.

            3. Each district's antibullying policy shall be founded on the assumption that all students need a safe learning environment. Policies shall treat students equally and shall not contain specific lists of protected classes of students who are to receive special treatment. Policies may include age appropriate differences for schools based on the grade levels at the school. Each such policy shall contain a statement of the consequences of bullying.

            4. Each district's antibullying policy shall require district employees to report any instance of bullying of which the employee has firsthand knowledge. The district policy shall address training of employees in the requirements of the district policy.

            578.450. 1. No person shall knowingly post the name, home address, Social Security number, or telephone number of any person on the Internet intending to cause great bodily harm or death, or threatening to cause great bodily harm or death to such person. Any person who violates this [section] subsection is guilty of a class C misdemeanor.

            2. No person shall communicate over the Internet with the intent to intimidate or harass another person in such a manner that would cause a reasonable person to fear for his or her physical safety or property. Such communications may consist of, but shall not be limited to, oral or written communications over the Internet and any threat of retaliation for reporting such acts. Any person who violates this subsection is guilty of a class A misdemeanor. If such violation results in physical harm to person or property as a direct result of such Internet intimidation or harassment, the offender is guilty of a class D felony.