NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3982
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the penal law and the education law, in relation to the
mandatory reporting of school safety threats
PURPOSE OR GENERAL IDEA OF BILL::
To enhance public safety by mandating the immediate reporting of any
threats made against schools or public institutions over social media or
other communication platforms to law enforcement agencies.
SUMMARY OF PROVISIONS::
This bill requires individuals to report any perceived threats made
against schools or educational institutions via social media or other
means of communication to law enforcement authorities immediately. Fail-
ure to report such threats will be classified as a Class A misdemeanor.
Section 1: Definitions
1. Threat: Any written, verbal, or electronic communication that
suggests intent to harm students, staff, school property, or disrupt the
educational environment.
2. Social Media: Any internet-based platform that allows users to
create, share, or exchange information, ideas, and media, including but
not limited to Facebook, Twitter, Instagram, TikTok, and Snapchat.
3. Communication Platforms: Includes but is not limited to email,
messaging apps, forums, and any other digital means of exchanging
messages.
4. Law Enforcement Authorities: Local police departments, school
resource officers, or any relevant law enforcement agency within the
jurisdiction of the school or public institution.
Section 2: Reporting Requirements
1. Mandatory Reporting: Any individual who becomes aware of a threat
against a school, student, or educational institution through social
media or any other communication, platform must report it immediately to
local law enforcement authorities.
2. Reporting Channels: Reports can be made via telephone, email, or in
person at the nearest police station or law enforcement agency.
Section 3: Penalties for Failure to Report
1. Failure to Report: Any individual who knowingly witnesses, shares, or
becomes aware of a threat and fails to report it to law enforcement
authorities shall be guilty of a Class A misdemeanor.
2. Exceptions: This requirement shall not apply to individuals under the
age of 13 or individuals with mental incapacities that impair their
judgment. However, in such cases, guardians or responsible adults aware
of the situation are required to report on their behalf.
Section 4: Protection for Reporters
1. Good Faith Protection: Any individual who reports a threat in good
faith shall be protected from civil or criminal liability.
2. False Reporting: Any person who knowingly makes a false report will
be subject to criminal charges under existing false reporting laws.
Section 5: Education and Awareness Program
1. The Department of Education, in partnership with law enforcement
agencies, will develop a statewide education program to inform students,
parents, teachers, and school staff about the importance of reporting
threats and the consequences of failing to do so.
2. Schools will be required to conduct annual training sessions to
ensure that students and staff understand their responsibilities under
this law.
Section 6: Implementation and Enforcement
1. This act shall take effect on the first of January following the date
it becomes law.
2. Law enforcement agencies and school districts will collaborate to
establish protocols for handling reported threats, including identify-
ing, investigating, and responding to credible and non-credible threats
efficiently.
JUSTIFICATION::
The rise of swatting calls and non-credible threats against schools over
social media has caused unnecessary panic, disrupted learning environ-
ments, and strained law enforcement resources.
In some cases, delayed reporting has made it difficult to identify the
origin of threats, compromising the safety of students, staff, and the
community.
By mandating the reporting of such threats, this bill aims to deter
individuals from sharing or ignoring these threats, increase the chances
of timely intervention, and ultimately ensure a safer environment for
New York State's schools.
PRIOR LEGISLATIVE HISTORY::
None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
There may be minimal costs associated with the implementation of this
bill, primarily related to training and educational programs. However,
these costs are outweighed by the increased safety and protection of
students, school staff, and the wider community.
EFFECTIVE DATE::
This act shall take effect on the first day of January following its
enactment.
STATE OF NEW YORK
________________________________________________________________________
3982
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the education law, in relation to the
mandatory reporting of school safety threats
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 240.64 to
2 read as follows:
3 § 240.64 Failure to report a school safety threat.
4 A person is guilty of failure to report a school safety threat when
5 such person who becomes aware of a threat against a school, student, or
6 educational institution through social media or any other written,
7 verbal, or electronic communication platform fails to immediately report
8 such threat to local law enforcement authorities; provided, however,
9 that the provisions of this section shall not apply to individuals who
10 are under the age of thirteen or whose judgment is otherwise impaired.
11 Reports of school safety threats may be made via telephone, email, or in
12 person. For the purposes of this section, the following terms shall have
13 the following meanings:
14 1. "School safety threat" means actions, statements, including writ-
15 ten, verbal, or electronic communication, or a pattern of behavior by a
16 student that indicates an intent to physically harm another student,
17 anyone employed in the school, any member of the general public, or
18 themself, including but not limited to any written, verbal, or electron-
19 ic communication that suggests intent to harm students, staff, school
20 property, or disrupt the educational environment.
21 2. "Social media" shall mean any internet-based platform that allows
22 users to create, share, or exchange information, ideas, and media,
23 including but not limited to Facebook, X, Instagram, TikTok, and Snapc-
24 hat.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07566-01-5
A. 3982 2
1 3. "Law enforcement authorities" shall mean local police departments,
2 school resource officers, or any other law enforcement agency with
3 jurisdictional authority over a school or public institution where a
4 safety threat is made.
5 Any person or entity acting reasonably and in good faith in compliance
6 with this section shall not be subject to criminal, civil or administra-
7 tive liability solely by reason of such action.
8 Failure to report a school safety threat is a class A misdemeanor.
9 § 2. The education law is amended by adding a new section 2803 to read
10 as follows:
11 § 2803. Mandatory reporting of school safety threats. 1. (a) Any indi-
12 vidual who becomes aware of a threat against a school, student, or
13 educational institution through social media or any other written,
14 verbal, or electronic communication shall report it immediately to local
15 law enforcement authorities. Such reports may be made via telephone,
16 email, or in person.
17 (b) The provisions of paragraph (a) of this subdivision shall not
18 apply to individuals who are under the age of thirteen or whose mental
19 judgment is otherwise impaired.
20 2. (a) The department, in partnership with law enforcement agencies,
21 shall develop a statewide education program to inform students, parents,
22 teachers, and school staff about the importance of reporting school
23 safety threats and the consequences of failing to do so pursuant to
24 section 240.64 of the penal law.
25 (b) Schools shall conduct annual training sessions to ensure that
26 students and staff understand their responsibilities pursuant to this
27 section.
28 3. The department, in collaboration with local law enforcement agen-
29 cies, shall establish rules and regulations for processing and respond-
30 ing to school safety threats reported pursuant to this section, includ-
31 ing identifying, investigating, and responding to credible and
32 non-credible school safety threats efficiently.
33 § 3. This act shall take effect on the ninetieth day after it shall
34 have become a law.
