Introduced Version






HOUSE BILL No. 1364

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-33-8-13.5; IC 34-15-6.

Synopsis: Intimidation or torment of a school employee. Provides that a student, former student, or parent of a student may not, with the intent to intimidate or torment a school employee: (1) build a fake profile of a school employee on an Internet web site; (2) post or encourage other people to post on an Internet web site private, personal, or sexual information pertaining to a school employee; (3) post a real or doctored image of a school employee on an Internet web site; (4) access, alter, or erase any computer network, computer data, computer program, or computer software that belongs to a school employee; or (5) use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or posts on a social networking web site, to a school employee. Provides that a court may issue an injunction and order liquidated damages. Provides that a school corporation must prohibit cyberbullying of a school employee in the school discipline rules.

Effective: July 1, 2013.





Huston, Turner




    January 22, 2013, read first time and referred to Committee on Education.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1364



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-33-8-13.5; (13)IN1364.1.1. -->     SECTION 1. IC 20-33-8-13.5, AS AMENDED BY P.L.180-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13.5. (a) Discipline rules adopted by the governing body of a school corporation under section 12 of this chapter must:
        (1) prohibit bullying; and
        (2) include provisions concerning education, parental involvement, reporting, investigation, and intervention.
    (b) The discipline rules described in subsection (a) must apply when a student is:
        (1) on school grounds immediately before or during school hours, immediately after school hours, or at any other time when the school is being used by a school group;
        (2) off school grounds at a school activity, function, or event;
        (3) traveling to or from school or a school activity, function, or event; or
        (4) using property or equipment provided by the school.
    (c) The discipline rules described in subsection (a) must prohibit bullying through the use of data or computer software that is accessed through a:
        (1) computer;
        (2) computer system; or
        (3) computer network;
of a school corporation.
     (d) The discipline rules described in subsection (a) must prohibit cyberbullying of a school employee, as described in IC 34-15-6.
    (d) (e) This section may not be construed to give rise to a cause of action against a person or school corporation based on an allegation of noncompliance with this section. Noncompliance with this section may not be used as evidence against a school corporation in a cause of action.
SOURCE: IC 34-15-6; (13)IN1364.1.2. -->     SECTION 2. IC 34-15-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 6. Cyberbullying of a School Employee
    Sec. 1. A student, former student, or parent of a student of a school shall not, with the intent to intimidate or torment an employee of the school:
        (1) build a fake profile of a school employee on an Internet web site, including a social networking web site;
        (2) post or encourage other people to post on an Internet web site, including a social networking web site, private, personal, or sexual information pertaining to a school employee;
        (3) post a real or doctored image of a school employee on an Internet web site;
        (4) access, alter, or erase any computer network, computer data, computer program, or computer software that belongs to a school employee; or
        (5) use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or posts on a social networking web site, to a school employee.

     Sec. 2. (a) A school employee who has been subject to intimidation or tormenting described in section 1 of this chapter may bring an action for an injunction and damages against the student, former student, or parent of a student responsible for the intimidation or tormenting.
    (b) If a court finds that a student, former student, or parent of a student has intentionally intimidated or tormented a school

employee as described in section 1 of this chapter, the court:
        (1) may:
            (A) issue an injunction ordering the intimidation or tormenting to cease; and
            (B) award liquidated damages up to one thousand dollars ($1,000); and
        (2) shall notify the principal of the school where the school employee is employed of the decision.