Committee carries over proposed aggravated-bullying felony/misdemeanor bill after broad debate

Senators on the Courts of Justice subcommittee carried over SB 265 after lengthy debate over a substitute that would create a new aggravated bullying offense and require mandatory school‑to‑law‑enforcement reporting in certain cases.

Sponsor Senator Stanley framed the bill as a response to the suicide of a 10‑year‑old (named in committee testimony) and said the measure targets pervasive, serious bullying that causes substantial harm. The substitute would make aggravated bullying (multiple acts with specified harmful effects or bias-based harassment) a class 1 misdemeanor and require school principals to notify parents and, in certain circumstances, law enforcement.

Opponents warned the bill risks criminalizing school behavior and pushing disputes into the juvenile justice system rather than restorative interventions. Meg Gruber of the Virginia Education Association said VEA opposes a statute that "would require immediate law enforcement involvement and create a class 1 misdemeanor tied to school-based behavior even at the elementary level." Civil-liberties groups raised First Amendment and vagueness concerns; Tyler Coward of the Foundation for Individual Rights in Education cautioned that the bill’s definition does not incorporate the Supreme Court’s Davis v. Monroe County standard requiring severe, pervasive and objectively offensive conduct for liability.

Committee members on both sides acknowledged the seriousness of cyberbullying and students' deaths but differed on whether criminal law is the right tool. Following debate and public testimony, the committee voted to carry the bill over and requested the chair draft a letter to the Virginia Crime Commission recommending study of cyberbullying and possible policy options.

The carryover leaves the issue open for revision and cross-agency study ahead of further floor consideration.