BILL ANALYSIS �
AB 1732
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1732 (Campos)
As Amended June 20, 2012
Majority vote
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|ASSEMBLY: |74-0 |(April 16, |SENATE: |38-0 |(July 2, 2012) |
| | |2012) | | | |
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Original Committee Reference: ED.
SUMMARY : Specifies that bullying via an electronic act using a
post on a social network Internet Web site includes the
following:
1)Posting to or creating a burn page. Defines "burn page" to
mean an Internet Web site created for the purpose of having
one or more effects of bullying specified under existing law,
as follows:
a) Placing a reasonable pupil or pupils in fear of harm to
that pupil's or those pupils' person or property;
b) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health;
c) Causing a reasonable pupil to experience substantial
interference with his or her academic performance; and,
d) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or
benefit from the services, activities, or privileges
provided by a school.
2)Creating a credible impersonation of another actual pupil for
the purpose of having one or more effects of bullying
specified under existing law. Defines "credible
impersonation" as knowingly and without consent impersonate a
pupil for the purpose of bullying the pupil and such that
another pupil would reasonably believe, or has reasonably
believed, that the pupil was or is the pupil who was
impersonated.
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3)Creating a false profile for the purpose of having one or more
effects of bullying specified under existing law. Defines
"false profile" as a profile of a fictitious pupil or a
profile using the likeness or attributes of an actual pupil
other than the pupil who created the false profile.
The Senate amendments do the following:
1)Specify that a "burn page," "credible impersonation" of
another actual pupil and "a false profile" are created for the
purpose of having one or more effects of bullying under
existing law.
2)Specify that an electronic act shall not constitute pervasive
conduct solely on the basis that it has been transmitted on
the Internet or is currently posted on the Internet.
3)Change the references of "person" to "pupil."
4)Add co-authors.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : A 2007 report by the National Association of
Attorneys General Task Force on School and Campus Safety warns,
"The growth in the use of technology and social networking sites
by younger Americans has fueled a fear among professionals that
cyber bullying will become the means most often utilized to
harass, threaten or otherwise cause distress. And while
certainly more prevalent in the elementary and secondary school
setting, issues related to bullying or intimidation are
increasingly relevant in other nontraditional settings. The
Task Force recognizes that educators, parents, law enforcement
and other stakeholders in school safety should remain vigilant
in addressing bullying, including cyber bullying."
Last year's AB 1156 (Eng), Chapter 732, Statutes of 2011,
changed the definition of "bullying" to mean any severe or
pervasive physical or verbal act or conduct, including
communications made in writing or by means of an electronic act,
and including one or more acts committed by a pupil or group of
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pupils engaging in sexual harassment, hate violence, harassment,
threats, or intimidation, directed toward one or more pupils
that has or can be reasonably predicted to cause fear and have
an impact on a student's physical and mental health, academic
performance, or a student's ability to participate in school and
school activities.
AB 746 (Campos), Chapter 72, Statutes of 2011, added "a post on
a social network Internet Web site" to the definition of
bullying via an electronic act. "Electronic act" is defined as
the transmission of a communication, including, but not limited
to, a message, text, sound, or image, or a post on a social
network Internet Web site, by means of an electronic device,
including, but not limited to, a telephone, wireless telephone
or other wireless communication device, computer, or pager.
This bill includes in the definition of "electronic act" via a
post on a social network Internet Web site "burn pages,"
"credible impersonations," and "false profiles." The author
states, "AB 1732 recognizes both the tremendous leap in
popularity of social networking sites since the inception of our
anti-bullying law, and the potential that the resulting
popularity has an increased ability for cyber bullies to spread
their messages, through the creation of 'burn page' or an
impersonation page. Therefore, these forms of cyber bullying
should be addressed and covered under the Education Code
anti-bullying provisions."
It can be argued that burn pages, credible impersonations, and
false profiles are already covered under the existing definition
of "electronic act;" all of which can be used as a form of
bullying and harassment using an electronic device.
Burn pages: Media in other states have reported on the harm
caused by "burn pages." Burn pages are set up with the
intention to harass and intimidate another individual or
individuals. Earlier this year, an article from the Deccan
Chronicle in New Hampshire reported that as many as 700 students
participated in the posting of vile and abusive messages about
their peers through burn pages, some of which were sexual in
nature. The article suggests that the phenomenon was inspired
by the film "Mean Girls," which depicts students sharing gossip
and writing hurtful comments using a burn book. Local and
school police officials in New Hampshire have warned students
about the consequences of such participation, including charges
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of harassment and assault that could lead to imprisonment.
Burn pages have been used to make written threats. The Virginia
Gazette reported in February 2011 that James City police used
information from a burn page to charge four teenage girls with
making a written threat to kill or harm a 16-year-old girl.
Credible impersonation: This bill defines "credible
impersonation" as knowingly and without consent impersonate a
pupil in a manner such that another pupil would reasonably
believe, or has reasonably believed, that the pupil was or is
the pupil who was impersonated. A pupil who creates a page
using the identity and picture of another pupil is an example of
impersonation.
False profiles: Impersonation is a type of "false profile."
Another type of false profile is one where a fictitious profile
is created that may or may not be based on the characteristics
of another person. In 2006, a 13-year-old Missouri girl
committed suicide after a 16-year-old boy she befriended on a
social network Internet Web site posted cruel messages about her
and then "dumped" her. The profile of the 16-year-old boy was
fictitious, created by the mother of a former friend who wanted
to find out what the 13-year-old girl was saying about her
daughter.
Existing law provides that a pupil may be suspended or expelled
if the pupil has intentionally engaged in harassment, threats,
or intimidation, directed against school district personnel or
pupils, that is sufficiently severe or pervasive to have the
actual and reasonably expected effect of materially disrupting
classwork, creating substantial disorder, and invading the
rights of either school personnel or pupils by creating an
intimidating or hostile educational environment (Education Code
Section 48900.4).
The incorporation of burn pages, impersonations, and false
profiles in the definition of bullying via a post on a social
network Internet Web site does not mean that any student who
creates these types of pages will be automatically suspended or
expelled. The courts have ruled that disciplinary action as a
result of bullying via a social network Internet Web site is
contingent on whether the action causes a substantial disruption
to school activities or work of a school. If a student is
suspended or expelled and the activity is not found to have
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caused substantial disruption, it could constitute a violation
of freedom of speech. This is based on the 1969 case of Tinker
v. Des Moines Independent Community School District (393 U.S.
503, 506; 1969).
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0004174