HB 1769

This bill creates the offense of student athlete harassment for a person who intentionally does either of the following:  Communicates a threat to a student athlete that is related to the performance of the student athlete in an intercollegiate sport, and the person communicating the threat (i) intends the communication to be a threat of harm to the student athlete or the student athlete's immediate family and (ii) a reasonable person would perceive the communication to be a threat of harm.  Engages in sports-related bullying or cyber-bullying of a student athlete related to the performance of the student athlete in an intercollegiate sport. CLASSIFICATION This bill provides that a first violation is a Class A misdemeanor and a second or subsequent violation is a Class E felony. EXEMPTION Such offense does not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service. A service provider is not required to maintain any record not otherwise kept in the ordinary cou rse of that service provider's business; except that if an electronic communications service provider operates a website that offers a social network service and the electronic communications service provider provides services to consumers in this state, th en any log files and images or communications that have been sent, posted, or displayed on the social network service's website and maintained by the electronic communications service provider must be disclosed to a governmental entity responsible for enf orcing this section only if the governmental entity either:  Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction.  Obtains a court order for the disclosure.  Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider. This bill clarifies that a cause of action does not lie in any court against any provider of an electronic communications service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accorda nce with the terms of a court order or warrant. This bill authorizes a court order for disclosure as described above to be issued by any court that is a court of competent jurisdiction and such order must issue only if the governmental entity offers specific and articulable facts showing that there ar e reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order must not issue if prohibited by the law of this st at e. A court issuing an order pursuant to this bill, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would c ause an undue burden on the provider. PRIVATE CAUSE OF ACTION This bill provides that a student athlete who is the victim has a private right of action against the convicted person. A court may award a student athlete who prevails in such an action the following:  A minimum of $75,000 in statutory damages per intentional violation.  Actual damages.  Punitive damages.  Other forms of equitable relief.  Reasonable costs and attorney fees. "SPORTS-RELATED BULLYING"" DEFINED As used in this bill, ""sports-related bullying"" means aggressive and unwanted behavior directed toward a student athlete in relation to the performance of the student athlete in an intercollegiate sport that (i) is intended to harm, intimidate, or humili ate the student athlete, (ii) is repeated over time, and (iii) causes the student athlete to suffer emotional distress."