1| SENATE FLOOR VERSION |
| April 17, 2025 |
2| AS AMENDED |
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3|ENGROSSED HOUSE |
|BILL NO. 2017 By: Pae of the House |
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| and |
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| Seifried of the Senate |
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7| |
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8| [ electronic communications - constitutional and |
| lawful applicability - incidents of bullying - |
9| anonymous reports - immunity - notification - policy |
| - notice of hearing - report - effective date ] |
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11| |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 21 O.S. 2021, Section 813, is |
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14|amended to read as follows: |
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15| Section 813. Every person who willfully, in any manner, |
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16|advises, encourages, abets, or assists another person in taking his |
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17|or her own life, is guilty of aiding suicide. |
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18| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1172, is |
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19|amended to read as follows: |
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20| Section 1172. A. It shall be unlawful for a person who, by |
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21|means of a telecommunication or other electronic communication |
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22|device, willfully either to knowingly terrify, intimidate, threaten |
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23|or harass a specific person by doing any of the following: |
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1| 1. Makes Directing any comment, request, suggestion, or |
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2|proposal which is obscene, lewd, lascivious, filthy, or indecent to |
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3|that person; |
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4| 2. Makes Make a telecommunication, or other electronic |
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5|communication, including text, sound, or images, with intent to |
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6|terrify, intimidate or harass, or threaten to inflict injury or |
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7|physical harm to any person or property of that person; |
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8| 3. Makes Make a telecommunication, or other electronic |
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9|communication, whether or not conversation ensues, with intent to |
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10|put the party called in fear of physical harm or death; |
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11| 4. Makes a telecommunication or other electronic communication, |
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12|including text, sound or images whether or not conversation ensues, |
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13|without disclosing the identity of the person making the call or |
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14|communication and with intent to annoy, abuse, threaten, or harass |
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15|any person at the called number Otherwise disturb by repeated, |
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16|unwanted, or unsolicited electronic communications the peace, quiet, |
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17|or right of privacy of the person at the place where the |
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18|communication was received; |
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19| 5. Knowingly permits permit any telecommunication, or other |
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20|electronic communication, under the control of the person to be used |
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21|for any purpose prohibited by this section; and
1|electronic communications solely to harass any person at the called |
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2|number(s). |
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3| B. As used in this section, "telecommunication" and "electronic |
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4|communication" mean any type of telephonic, electronic, or radio |
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5|communications, or transmission of signs, signals, data, writings, |
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6|images and sounds, or intelligence of any nature by telephone, |
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7|including cellular telephones, wire, cable, radio, electromagnetic, |
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8|photoelectronic, or photo-optical system or the creation, display, |
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9|management, storage, processing, transmission, or distribution of |
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10|images, text, voice, video, or data by wire, cable, or wireless |
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11|means, including the Internet. The term includes: |
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12| 1. A communication initiated by electronic mail, instant |
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13|message, network call, or facsimile machine including text, sound, |
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14|or images; |
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15| 2. A communication made to a pager; or |
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16| 3. A communication including text, sound, or images posted to a |
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17|social media or other public media source which is directed at a |
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18|particular person. |
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19| C. Use of a telephone or other electronic communications |
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20|facility under this section shall include all use made of such a |
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21|facility between the points of origin and reception. Any offense |
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22|under this section is a continuing offense and shall be deemed to |
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23|have been committed at either the place of origin or the place of |
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24|reception. |
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1| D. Except as provided in subsection E of this section, any |
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2|person who is convicted of any of the provisions of subsection A of |
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3|this section, shall be guilty of a misdemeanor. |
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4| E. Any person who is convicted of a second offense under this |
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5|section shall be guilty of a felony. |
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6| F. This section does not apply to constitutionally protected |
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7|speech or activity or to any other activity authorized by law. |
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8| SECTION 3. AMENDATORY 21 O.S. 2021, Section 1953, is |
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9|amended to read as follows: |
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10| Section 1953. A. It shall be unlawful to: |
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11| 1. Willfully, and without authorization, gain or attempt to |
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12|gain access to and damage, modify, alter, delete, destroy, copy, |
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13|make use of, use malicious computer programs on, disclose or take |
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14|possession of a computer, computer system, computer network, data or |
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15|any other property; |
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16| 2. Use a computer, computer system, computer network or any |
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17|other property as hereinbefore defined for the purpose of devising |
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18|or executing a scheme or artifice with the intent to defraud, |
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19|deceive, extort or for the purpose of controlling or obtaining |
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20|money, property, data, services or other thing of value by means of |
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21|a false or fraudulent pretense or representation; |
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22| 3. Willfully exceed the limits of authorization and damage, |
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23|modify, alter, destroy, copy, delete, disclose or take possession of |
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24| |
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1|a computer, computer system, computer network, data or any other |
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2|property; |
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3| 4. Willfully and without authorization, gain or attempt to gain |
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4|access to a computer, computer system, computer network, data or any |
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5|other property; |
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6| 5. Willfully and without authorization use or cause to be used |
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7|computer services; |
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8| 6. Willfully and without authorization disrupt or cause the |
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9|disruption of computer services or deny or cause the denial of |
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10|access or other computer services to an authorized user of a |
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11|computer, computer system or computer network, other than an |
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12|authorized entity acting for a legitimate business purpose with the |
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13|effective consent of the owner; |
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14| 7. Willfully and without authorization provide or assist in |
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15|providing a means of accessing a computer, computer system, data or |
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16|computer network in violation of this section; |
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17| 8. Willfully use a computer, computer system, or computer |
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18|network, or other electronic device or system to annoy, abuse, |
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19|threaten, or harass another person; |
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20| 9. Willfully use a computer, computer system, or computer |
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21|network, or other electronic device or system to put another person |
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22|in fear of physical harm or death; and |
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1| 10. Willfully solicit another, regardless of any financial |
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2|consideration or exchange of property, of any acts described in |
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3|paragraphs 1 through 9 of this subsection. |
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4| B. Any person convicted of violating paragraph 1, 2, 3, 6, 7, 9 |
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5|or 10 of subsection A of this section shall be guilty of a felony |
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6|punishable as provided in Section 1955 of this title. |
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7| C. Any person convicted of violating paragraph 4, 5 or 8 of |
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8|subsection A of this section shall be guilty of a misdemeanor. |
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9| D. Nothing in the Oklahoma Computer Crimes Act shall be |
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10|construed to prohibit the monitoring of computer usage of, or the |
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11|denial of computer or Internet access to, a child by a parent, legal |
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12|guardian, legal custodian, or foster parent. As used in this |
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13|subsection, "child" shall mean any person less than eighteen (18) |
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14|years of age. |
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15| E. Nothing in the Oklahoma Computer Crimes Act shall be |
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16|construed to prohibit testing by an authorized entity, the purpose |
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17|of which is to provide to the owner or operator of the computer, |
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18|computer system or computer network an evaluation of the security of |
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19|the computer, computer system or computer network against real or |
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20|imagined threats or harms. |
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21| F. Nothing in the Oklahoma Computer Crimes Act shall be |
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22|construed to apply to constitutionally protected speech or activity |
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23|or to any other activity authorized by law. |
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1| SECTION 4. AMENDATORY 70 O.S. 2021, Section 24-100.3, is |
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2|amended to read as follows: |
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3| Section 24-100.3. A. As used in the School Safety and Bullying |
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4|Prevention Act: |
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5| 1. "Bullying" means any pattern of harassment, intimidation, |
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6|threatening behavior, physical acts, or verbal or electronic |
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7|communication directed toward a student or group of students that |
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8|results in or is reasonably perceived as being done with the intent |
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9|to cause negative educational or physical results for the targeted |
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10|individual or group and is communicated in such a way as to disrupt |
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11|or interfere with the school's educational mission or the education |
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12|of any student; |
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13| 2. "At school" "On school premises" means on school grounds, in |
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14|school vehicles, at school-sponsored activities, or at |
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15|school-sanctioned events; |
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16| 3. "Electronic communication" means the communication of any |
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17|written, verbal, or pictorial information or video content by means |
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18|of an electronic device, including, but not limited to, a telephone, |
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19|a mobile or cellular telephone or other wireless telecommunication |
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20|device, or a computer; and |
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21| 4. "Threatening behavior" means any pattern of behavior or |
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22|isolated action, whether or not it is directed at another person, |
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23|that a reasonable person would believe indicates potential for |
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24|future harm to students, school personnel, or school property. |
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1| B. Nothing in this act Section 24-100.1 et seq. of this title |
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2|shall be construed to impose a specific liability on any school |
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3|district. |
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4| SECTION 5. AMENDATORY 70 O.S. 2021, Section 24-100.4, as |
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5|amended by Section 6, Chapter 15, O.S.L. 2023 (70 O.S. Supp. 2024, |
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6|Section 24-100.4), is amended to read as follows: |
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7| Section 24-100.4. A. Each school district board of education |
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8|shall adopt a policy for the discipline of all children attending |
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9|public school in that district, and for the investigation of |
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10|reported incidents of bullying. The policy shall provide options |
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11|for the discipline of the students and shall define standards of |
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12|conduct to which students are expected to conform. The policy |
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13|shall: |
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14| 1. Specifically address bullying by students at school on |
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15|school premises and by electronic communication, if the |
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16|communication is specifically directed at students or school |
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17|personnel and concerns bullying at school is communicated in such a |
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18|way as to disrupt or interfere with the school's educational mission |
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19|or the education of any student; |
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20| 2. Contain a procedure for reporting a student, a school |
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21|employee, a school volunteer, or a parent or legal guardian to |
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22|report an act of bullying to a school official or law enforcement |
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23|agency, including a provision that permits a person to report an act |
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1|anonymously. No formal disciplinary action shall be taken solely on |
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2|the basis of an anonymous report; |
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3| 3. Contain a requirement that any school employee that has |
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4|reliable information that would lead a reasonable person to suspect |
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5|that a person is a target of bullying shall immediately report it to |
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6|the principal or a designee of the principal. A school employee, |
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7|school volunteer, a student, or the parent or legal guardian of a |
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8|student who promptly reports in good faith an incident of bullying |
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9|to a school official and who makes the report in compliance with the |
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10|provisions of this section shall be immune from a cause of action |
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11|for damages arising out of the reporting itself or any failure to |
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12|remedy the reported incident of bullying; |
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13| 4. Contain a statement of how the policy is to be publicized |
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14|including a requirement that: |
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15| a. an annual written notice of the policy be provided to |
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16| parents, legal guardians, staff, volunteers, and |
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17| students, with age-appropriate language for students, |
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18| b. notice of the policy be posted at various locations |
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19| within each school site, including, but not limited |
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20| to, cafeterias, school bulletin boards, and |
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21| administration offices, |
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22| c. the policy be posted on the Internet website for the |
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23| school district and each school site that has an |
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24| Internet website, and |
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1| d. the policy be included in all student and employee |
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2| handbooks; |
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3| 5. Require that appropriate school district personnel involved |
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4|in investigating reports of bullying make a determination regarding |
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5|whether the conduct is actually occurring; |
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6| 6. Contain a procedure and requirement for providing |
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7|notification to the parents or legal guardians of the reported |
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8|victim of bullying and the parents or legal guardians of the |
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9|reported perpetrator of the bullying within twenty-four (24) hours |
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10|of receipt of the report of bullying and providing timely |
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11|notification to the parents or legal guardians of a victim of |
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12|documented and verified bullying and to the parents or legal |
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13|guardians of the perpetrator of the documented and verified |
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14|bullying; provided, if a student expresses suicidal thoughts or |
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15|intentions or encourages another student to commit suicide, the |
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16|parents or legal guardians of the student(s) shall be notified |
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17|immediately; |
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18| 7. Identify by job title the school official responsible for |
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19|enforcing the policy at each school site within a school district; |
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20| 8. Contain procedures for reporting to law enforcement all |
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21|documented and verified acts of bullying which may constitute |
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22|criminal activity or reasonably have the potential to endanger |
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23|school safety; |
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24| |
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1| 9. Require training for administrators and school employees, |
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2|including school resource officers, as developed and provided by the |
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3|State Department of Education in preventing, identifying, responding |
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4|to, and reporting incidents of bullying. The training shall be |
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5|completed the first year an administrator or school employee is |
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6|employed by a school district, and then once every fifth academic |
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7|year; |
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8| 10. Provide for an educational program as designed and |
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9|developed by the State Department of Education and in consultation |
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10|with the Office of Juvenile Affairs for students and parents in |
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11|preventing, identifying, responding to and reporting incidents of |
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12|bullying; |
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13| 11. Establish a procedure for referral of a person who commits |
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14|an act of bullying to a delinquency prevention and diversion program |
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15|administered by the Office of Juvenile Affairs; |
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16| 12. Address prevention by providing: |
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17| a. consequences and remedial action for a person who |
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18| commits an act of bullying, |
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19| b. consequences and remedial action for a student found |
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20| to have falsely accused another as a means of |
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21| retaliation, reprisal, or as a means of bullying, and |
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22| c. a strategy for providing counseling or referral to |
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23| appropriate services, including guidance, academic |
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24| intervention, and other protection for students, both |
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1| targets and perpetrators, and family members affected |
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2| by bullying, as necessary; |
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3| 13. Establish a procedure for: |
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4| a. the investigation, determination, and documentation |
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5| of all incidents of bullying reported to school |
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6| officials, |
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7| b. identifying the principal or a designee of the |
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8| principal as the person responsible for investigating |
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9| incidents of bullying, |
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10| c. reporting the number of incidents of bullying, and |
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11| d. determining the severity of the incidents and their |
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12| potential to result in future violence; |
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13| 14. Establish a procedure whereby, upon completing an |
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14|investigation of bullying, a school may recommend that available |
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15|community mental health care, substance abuse or other counseling |
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16|options be provided to the student, if appropriate; and |
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17| 15. Establish a procedure whereby a school may request the |
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18|disclosure of any information concerning students who have received |
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19|mental health, substance abuse, or other care pursuant to paragraph |
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20|14 of this subsection that indicates an explicit threat to the |
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21|safety of students or school personnel, provided the disclosure of |
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22|the information does not violate the requirements and provisions of |
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23|the Family Educational Rights and Privacy Act of 1974, the Health |
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24|Insurance Portability and Accountability Act of 1996, Section 2503 |
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1|of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of |
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2|the Oklahoma Statutes, or any other state or federal laws regarding |
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3|the disclosure of confidential information; and |
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4| 16. Contain a statement prohibiting retaliation against a |
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5|school employee who notifies the district board of education or the |
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6|State Department of Education of noncompliance with the provisions |
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7|of this section. |
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8| B. 1. In developing the policy, the district board of |
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9|education shall make an effort to involve the teachers, parents, |
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10|administrators, school staff, school volunteers, community |
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11|representatives, local law enforcement agencies, and students. |
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12| 2. Before adopting the policy required by this section or any |
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13|modifications to the policy, the district board of education shall |
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14|hold at least one public hearing on the proposed policy or |
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15|modifications to the policy. The public hearing may be held as part |
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16|of a regularly scheduled board meeting. The district board of |
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17|education shall provide notice of the public hearing to students and |
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18|the parents or legal guardians of students using social media and at |
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19|least one other communication method regularly used by the board of |
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20|education. |
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21| 3. Within thirty (30) days of approving the policy required by |
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22|this section or any modifications, the district board of education |
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23|shall submit a copy to the State Department of Education. |
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24| |
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1| 4. The students, teachers, and parents or guardian legal |
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2|guardians of every child residing within a school district shall be |
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3|notified by the district board of education of its adoption of the |
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4|policy and shall receive a copy upon request. The school district |
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5|policy shall be implemented in a manner that is ongoing throughout |
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6|the school year and is integrated with other violence prevention |
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7|efforts. |
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8| C. The teacher of a child attending a public school shall have |
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9|the same right as a parent or legal guardian to control and |
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10|discipline such child according to district policies during the time |
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11|the child is in attendance or in transit to or from the school or |
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12|any other school function authorized by the school district or |
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13|classroom presided over by the teacher. |
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14| D. Except concerning students on individualized education plans |
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15|(IEP) pursuant to the Individuals with Disabilities Education Act |
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16|(IDEA), P.L. No. 101-476, the State Board of Education shall not |
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17|have authority to prescribe student disciplinary policies for school |
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18|districts or to proscribe corporal punishment in the public schools. |
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19| The State Board of Education shall not have authority to require |
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20|school districts to file student disciplinary action reports more |
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21|often than once each year and shall not use disciplinary action |
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22|reports in determining a school district's or school site's |
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23|eligibility for program assistance including competitive grants. |
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24| |
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1| E. The board of education of each school district in this state |
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2|shall have the option of adopting a dress code for students enrolled |
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3|in the school district. The board of education of a school district |
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4|shall also have the option of adopting a dress code which includes |
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5|school uniforms. |
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6| F. The board of education of each school district in this state |
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7|shall have the option of adopting a procedure that requires students |
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8|to perform campus-site service for violating the district's policy. |
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9| G. The State Board of Education shall: |
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10| 1. Promulgate rules for periodically monitoring school |
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11|districts for compliance with this section and providing sanctions |
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12|for noncompliance with this section; |
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13| 2. Establish and maintain a central repository for the |
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14|collection of information regarding documented and verified |
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15|incidents of bullying; and |
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16| 3. Publish a report annually on the State Department of |
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17|Education website regarding the number of documented and verified |
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18|incidents of bullying in the public schools in the state. |
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19| SECTION 6. This act shall become effective November 1, 2025. |
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20|COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY AND TELECOMMUNICATIONS |
|April 17, 2025 - DO PASS AS AMENDED |
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