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Introduced Version House Concurrent Resolution 140 History

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HOUSE CONCURRENT RESOLUTION 140

(By Delegates Upson, Blair and Ellington)

[Introduced April 8, 2017]

 

Requesting that the Joint Committee on Government and Finance study legislation to prohibit “cyberbullying” and electronic harassment of minors.

Whereas, Cyberbullying is bullying that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites, text messages, chat, and websites. Examples of cyberbullying include vicious text messages or emails, rumors sent by email or posted on social networking sites, and embarrassing pictures, videos, websites, or fake profiles.

Whereas, Current statistics indicate that cyberbullying is a very frequent occurrence. In 2015, a survey conducted by the Center for Disease Control’s Youth Risk Behavior Surveillance System indicated that an estimated 16% of high school students were bullied electronically in the 12 months prior to the survey; and

Whereas, Legislation on bullying and cyberbullying has been proposed and implemented throughout the country. One such piece of cyberbullying legislation, called "Grace's Law", was enacted into law in Maryland in 2013. Legislation was proposed in the 2017 Regular Session to implement “Grace’s Law” in West Virginia. However, there have been constitutional challenges to cyberbullying laws in several states recently, which have resulted in those laws being struck down; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study cyberbullying laws due to the potential constitutional challenges they may face, and provide some examples of language that could pass constitutional muster; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2018, on findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation to be paid from legislative appropriations to the Joint Committee on Government and Finance.

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