SB104 Alabama 2015 Session

Existing law provides for the adoption of policies by public school systems pertaining to the prevention of harassment of one student against another student and requires the Department of Education to develop a model policy for local boards of education pertaining to student harassment prevention

This bill would create the crime of cyber-bullying of another student or school employee by a student and provide for penalties and restitution

This bill would allow prosecutors to defer prosecution of cyber-bullying crimes and provide for the expungement of the criminal record of the student under certain conditions

This bill would require school employees to report cyber-bullying incidents and would provide immunity from civil liability for persons reporting cyber-bullying

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To create the crime of cyber-bullying of another student or school employee by a student; to identify acts considered to be cyber-bullying of another student or school employee; to provide for criminal penalties and restitution; to provide for deferred prosecution under certain conditions; to provide for expungement of records under certain conditions; to require school employees to report cyber-bullying incidents; to provide immunity from civil liability for reporting cyber-bullying; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.