Author Topic: Legislation introduced to prevent -- cyber bullying?  (Read 2590 times)

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Offline TheQ

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Legislation introduced to prevent -- cyber bullying?
« on: June 03, 2013, 02:24:55 PM »
HB 4746

http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/htm/2013-HIB-4746.htm
 
HOUSE BILL No. 4746
 
May 21, 2013, Introduced by Reps. Zorn, Potvin, Muxlow and Jenkins and referred to the Committee on Judiciary.
 
     A bill to amend 1931 PA 328, entitled
 
"The Michigan penal code,"
 
(MCL 750.1 to 750.568) by adding section 411x.
 
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
 
     SEC. 411X. (1) A PERSON SHALL NOT BULLY OR CYBERBULLY ANOTHER PERSON.
 
     (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH.
 
     (3) THE COURT MAY ORDER A PERSON CONVICTED OF OR FOUND RESPONSIBLE FOR A VIOLATION OF THIS SECTION TO UNDERGO AN EVALUATION BY A MENTAL HEALTH PROFESSIONAL AT HIS OR HER OWN EXPENSE AND TO RECEIVE COUNSELING OR OTHER TREATMENT AT HIS OR HER OWN EXPENSE IF DETERMINED APPROPRIATE BY THE COURT.
 

     (4) THIS SECTION DOES NOT PROHIBIT CONDUCT PROTECTED UNDER THE FIRST AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OR SECTION 5 OF ARTICLE I OF THE STATE CONSTITUTION OF 1963.
 
     (5) AS USED IN THIS SECTION:
 
     (A) "BULLY" MEANS TO ENGAGE IN 1 OR MORE OF THE FOLLOWING BEHAVIORS ON 2 OR MORE SEPARATE OCCASIONS WITH THE INTENT TO FRIGHTEN, INTIMIDATE, OR HARASS ANOTHER PERSON:
 
     (i) ASSAULTING OR BATTERING THAT OTHER PERSON.
 
     (ii) REFERRING TO THAT OTHER PERSON WHILE IN HIS OR HER PRESENCE WITH A DEROGATORY OR OFFENSIVE NICKNAME OR LABEL.
 
     (iii) DISSEMINATING FALSE OR MISLEADING INFORMATION ABOUT THAT OTHER PERSON.
 
     (B) "CYBERBULLY" MEANS TO BULLY THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, COMPUTER PROGRAM, OR COMPUTER SYSTEM, AS THOSE TERMS ARE DEFINED IN SECTION 145D, OR THROUGH THE USE OF A SERVICE PROVIDED BY A TELECOMMUNICATIONS PROVIDER.
 
     (C) "MENTAL HEALTH PROFESSIONAL" MEANS THAT TERM AS DEFINED IN SECTION 100B OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1100B.
« Last Edit: June 03, 2013, 04:01:10 PM by TheQ »
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Offline TheQ

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Legislation introduced to prevent -- cyber bullying?
« Reply #1 on: June 03, 2013, 02:26:12 PM »
It's good the bill says it doesn't violate free speech. Reading the bill I was starting to get worried it may violate the first amendment.

I'm glad the bill says that isn't an issue.
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Offline gryphon

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Re: Legislation introduced to prevent -- cyber bullying?
« Reply #2 on: June 03, 2013, 03:33:11 PM »
Nice catch, four-eyes.

Offline bigt8261

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Re: Legislation introduced to prevent -- cyber bullying?
« Reply #3 on: June 03, 2013, 03:48:40 PM »
Nice catch, four-eyes.

Quote
"BULLY" MEANS TO ENGAGE IN 1 OR MORE OF THE FOLLOWING
 
BEHAVIORS ON 2 OR MORE SEPARATE OCCASIONS WITH THE INTENT TO
 
FRIGHTEN, INTIMIDATE, OR HARASS ANOTHER PERSON:

As it turns out, everyone gets one free bully. I can't believe you idiotically wasted it on someone like TheQ. (2 fer!)

Offline TheQ

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Legislation introduced to prevent -- cyber bullying?
« Reply #4 on: June 03, 2013, 03:50:52 PM »
Didn't Sen Rick Jones asks some tea party leader on Facebook back in 2011 how her "head meds" were doing?

Wouldn't that be illegal?
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Offline gryphon

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Re: Legislation introduced to prevent -- cyber bullying?
« Reply #5 on: June 03, 2013, 05:05:32 PM »
The day's not over.  :)

Offline autosurgeon

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Re: Legislation introduced to prevent -- cyber bullying?
« Reply #6 on: June 03, 2013, 11:15:06 PM »
This whole drive against bullying is such a joke. A teacher I know has just been fired over perceived bullying and imop there was no bullying from him.... however the complaints came from a student... A student who has a history of you guessed it bullying.

 Since we just had a student hang himself a few weeks ago and everyone on Facebook said he was bullied the board was touchy to say the least. The student that hanged himself was the biggest jerk in the highschool in fact he had been kicked off the buss for verbally abusing the driver. Kicked out of class for verbal abuse towards multiple faculty and was up for expulsion for physical battery on a student. But since people on Facebook said it was the schools fault the board was looking for a scapegoat and they found one in another building. This way it looks like they are tough on bullying.

Not only is the term overused people need to nut up and stop being such pansies!

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Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline gryphon

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Re: Legislation introduced to prevent -- cyber bullying?
« Reply #7 on: June 04, 2013, 12:29:08 AM »
I am of mixed opinion on this.  I am against overreach by any authority.  I wonder if we are legislating against "words" now because in the old days school authorities ignored the "sticks and stones" offenses and the pendulum has swung too far in the other direction.

Offline WilDChilD

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Re: Legislation introduced to prevent -- cyber bullying?
« Reply #8 on: June 04, 2013, 07:47:11 AM »
They should make a law against losing to. That way the poor children wont have to deal with any problems in life.

While I dont want anybody bullied, (I do have two kids in school) its a part of life. If people choose to end their life because of it, they were weak and most likely had other issues in their life.

This is just another example of a "feels good" law that wont protect anybody. The dumbass in the house and senate would help our state out more if they just stayed home every day.

Offline linux203

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Legislation introduced to prevent -- cyber bullying?
« Reply #9 on: June 05, 2013, 06:42:38 AM »
If people choose to end their life because of it, they were weak and most likely had other issues in their life.

Every life is precious, everyone has value. Perspective changes when you loose someone you know and love to suicide.

When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline autosurgeon

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Re: Re: Legislation introduced to prevent -- cyber bullying?
« Reply #10 on: June 05, 2013, 11:58:26 AM »
Every life is precious, everyone has value. Perspective changes when you loose someone you know and love to suicide.

While this is true making laws will never solve mental health issues.

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Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline TheQ

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Legislation introduced to prevent -- cyber bullying?
« Reply #11 on: June 05, 2013, 12:19:37 PM »

Every life is precious, everyone has value. Perspective changes when you loose someone you know and love to suicide.

And this law would erode the first amendment. They should just pass a law prohibiting us from communicating with ANYONE. That's surely make us all safer; that is if this law is a step in the right direction...
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Offline linux203

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Re: Legislation introduced to prevent -- cyber bullying?
« Reply #12 on: June 05, 2013, 10:43:36 PM »
I wasn't directly commenting on the bill, rather the previous statement.

My thoughts on the actual bill is that it is completely unnecessary considering anyone prosecuted under the proposed law could be prosecuted under MCL 750.411h and/or MCL 750.81.

I'm waiting for a an amendment like "(6) This section shall be known and may be cited as “<insert name here>'s law”.
When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36