Ten months after the death of 10-year-old Autumn Bushman, the proposed ‘Autumn’s Law’ was introduced in Richmond to make bullying a crime.
"This bill may have saved her," said Autumn's mother, Summer. "Our children's lives matter and bullying is not something that should be swept under the rug."
“We need to save the next child. We need to save the next parents from the awful effects of bullying,” said Sen. Bill Stanley, the bill’s sponsor.
Stanley worked with Pastor Tom McCracken and Roanoke-based lawyer Mel Williams to draft the bill.
The proposed bill defines "aggravated bullying" as: ‘any act of bullying, including through acts, words, or written communication, that (i)is intentionally directed at the victim for the purpose of placing the victim in reasonable fear or apprehension of bodily injury or death, provoking a breach of the peace, or inciting an act of violence or(ii)(a)is intentionally directed at the victim on the basis of the victim’s real or perceived race, ethnicity, national origin, religion, age, sex, gender, sexual orientation, disability, medical condition, mental health condition, or appearance and (b) has the effect of interfering with the victim’s ability to attend, engage in, or benefit from educational, extracurricular, or other opportunities provided by an elementary or secondary school. “Aggravated bullying” includes any incident of aggravated cyberbullying.’
Stanley said aggravated bullying does not refer to minor incidents of peer conflict.
“This is a serious act against the rights and the life of another person," he said.
Under the proposal, bullying that occurs at school, on a school bus or at a school-sponsored activity could be charged as a Class 1 misdemeanor, carrying penalties of up to a year in jail and/or a $2,500 fine.
“Frankly, I think when we prosecute bullying, what you’re going to find, is a lot less bullying,” said Stanley.
However, he clarified that most of these cases will likely be handled in juvenile court.
"In our juvenile system, we believe in rehabilitation, lesson learning, and making sure that the person does not engage in that conduct," Stanley added.
Autumn’s Law would require school administrators to report aggravated bullying to law enforcement. It would also require school boards to adopt 'clear and escalating disciplinary consequences,‘ notify parents within 24 hours of being informed about alleged bullying, and provide mental health support and resources to victims.
"Ultimately, I don't think there's a legislator here that doesn't want to—if they can—do something about bullying, stop it in our schools, and protect those children," said Stanley. "Nobody wants to have another thing happen like what happened to the Bushman family. Nobody."
Asked why fighting for change is so important, Summer said, “I feel like this is what Autumn would want me to do. She would want me to stand up for her,” said Bushman. “By this [bill], I think she will be saving other children.”
The bill is currently assigned to a subcommittee and is scheduled to be discussed Thursday morning.