Feed for /2011/related/proposals/sb427 PDF
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2011 - 2012 LEGISLATURE
February 6, 2012 - Introduced by Senators T. Cullen, S. Coggs, Carpenter,
Erpenbach, Taylor, King, Schultz, Risser, Holperin
and Kedzie, cosponsored
by Representatives Knilans, C. Taylor, Pocan, Turner, Staskunas, Ringhand,
Loudenbeck, Pasch
and Pope-Roberts. Referred to Committee on Education.
SB427,1,4 1An Act to amend 118.46 (1) (intro.), 118.46 (1) (a) 1., 118.46 (2), 947.0125 (2) (a)
2and 947.0125 (3) (a); and to create 118.46 (1) (a) 11. and 12. of the statutes;
3relating to: school bullying, unlawful use of computer systems, and providing
4a penalty.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Public Instruction (DPI) to develop a
model school policy on bullying by pupils and requires each school board to adopt a
policy prohibiting bullying. A school board may adopt DPI's model policy. The model
policy must include certain elements. For example, it must define bullying; identify
the property owned, leased, or used by the school district on which the policy applies;
and require that school district officials and employees report incidents of bullying.
This bill requires that the definition of bullying in DPI's model policy include
bullying by electronic means. The bill also requires that the model policy include
requirements that a school board maintain records on bullying incidents and the
discipline imposed on pupils for bullying, annually prepare a report that includes
trends in bullying behavior and recommendations on how to reduce the number of
bullying incidents, and post the report on the school district's Web site. Finally, the
bill requires the model policy to include appropriate responses to bullying that occurs
off school grounds in certain circumstances.
Current law prohibits a person from sending an e-mail message to another
person if that message threatens to harm any person or property and if the sender
intends to frighten, intimidate, threaten, abuse, or harass any person. A person who

violates the prohibition is guilty of a Class B misdemeanor and is subject to a
maximum fine of $1,000 or imprisonment of not more than 90 days, or both. This bill
prohibits a person from posting an electronic message where others can view it if that
message threatens to harm any person or property and if the person who posts it
intends to frighten, intimidate, threaten, abuse, or harass another person. A person
who violates this new prohibition is guilty of a Class B misdemeanor.
Current law also prohibits a person from sending an e-mail message to another
person if that message uses any obscene, lewd, or profane language or suggests any
lewd or lascivious act and if the sender intends to harass, annoy, or offend another
person. A person who violates the prohibition is subject to a forfeiture of up to $1,000.
This bill prohibits a person from posting an electronic message where others can view
it if that message uses any obscene, lewd, or profane language or suggests any lewd
or lascivious act and if the sender intends to harass, annoy, or offend another person.
A person who violates this new prohibition is subject to a forfeiture of up to $1,000.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB427, s. 1 1Section 1. 118.46 (1) (intro.) of the statutes is amended to read:
SB427,2,32 118.46 (1) (intro.) By March 1, 2010, the The department shall do all of the
3following:
SB427, s. 2 4Section 2. 118.46 (1) (a) 1. of the statutes is amended to read:
SB427,2,65 118.46 (1) (a) 1. A definition of bullying that includes bullying by electronic
6means
.
SB427, s. 3 7Section 3. 118.46 (1) (a) 11. and 12. of the statutes are created to read:
SB427,2,128 118.46 (1) (a) 11. A requirement that a school board maintain records on the
9number and types of reports made on bullying incidents under subd. 6. and the
10discipline imposed on pupils under subd. 7., annually prepare a summary report that
11includes trends in bullying behavior and recommendations on how to reduce the
12number of bullying incidents, and post the report on its Web site.
SB427,3,4
112. Appropriate responses to bullying that occurs off school grounds but
2nevertheless creates a hostile environment at school for the pupil bullied, infringes
3on the rights of the pupil bullied at school, or disrupts the educational process or
4orderly operation of a school.
SB427, s. 4 5Section 4. 118.46 (2) of the statutes is amended to read:
SB427,3,106 118.46 (2) By August 15, 2010, each Each school board shall adopt a policy
7prohibiting bullying by pupils. The school board may adopt the model policy under
8sub. (1) (a). The school board shall provide a copy of the policy to any person who
9requests it. Annually, the school board shall distribute the policy to all pupils
10enrolled in the school district and to their parents or guardians.
SB427, s. 5 11Section 5. 947.0125 (2) (a) of the statutes is amended to read:
SB427,3,1612 947.0125 (2) (a) With intent to frighten, intimidate, threaten, abuse, or harass
13another person, sends a message to the person on an electronic mail or other
14computerized communication system or posts a message electronically where other
15persons can view the message
and in that sent or posted message threatens to inflict
16injury or physical harm to any person or the property of any person.
SB427, s. 6 17Section 6. 947.0125 (3) (a) of the statutes is amended to read:
SB427,3,2218 947.0125 (3) (a) With intent to harass, annoy, or offend another person, sends
19a message to the person on an electronic mail or other computerized communication
20system or posts a message electronically where other persons can view the message
21and in that sent or posted message uses any obscene, lewd, or profane language or
22suggests any lewd or lascivious act.
SB427,3,2323 (End)
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