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Legislation Document
SPONSOR:
Rep. Yearick & Sen. Walsh
Rep. Jones Giltner; Sens. Pettyjohn, Sokola
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 314
AN ACT TO AMEND TITLE 28 AND TITLE 29 OF THE DELAWARE CODE RELATING TO STUDENT ATHLETE PROTECTION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subchapter I, Chapter 9, Title 28 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 908. Student athlete harassment
(a) As used in this section:
(1)a. “Communicate”
, “communicating”, and “communication” means contacting a person by any of the following methods:
1. In the physical presence of the person.
2. In writing or print.
3. Telephone, wire, or radio.
4. Electromagnetic, photoelectronic, photooptical, or electronic means.
b. “Communicate”, “communicating”, and “communication” includes all of the following:
1. Verbal and nonverbal communication.
2. Flyers.
3. Facsimile transmissions.
4. Text messages, electronic mail, and instant messages.
5. Messages, images, video, sound recordings, voice recordings, or data of any nature sent through or posted on social networks, social media, or websites.
(2) “Cyber-bullying” means sports-related bullying undertaken using an electronic device.
(3) “Electronic communications service” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature sent in whole or in part by a telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic system.
(4) “Electronic communications service provider” means a person that provides an electronic communications service.
(5) “Intercollegiate sport” means as defined in § 5402 of Title 24.
(6) “Log file” means computer-generated lists that contain various types of information regarding the activities of a computer, including time of access to certain records, processes running on a computer, or the usage of certain computer resources.
(7) “Social network” means an online community of individuals who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for individuals to interact.
(8) “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 meets all of the following:
a. Is intended to harm, intimidate, or humiliate the student athlete.
b. Is repeated over time.
c. Causes the student athlete to suffer emotional distress.
(9) “Student athlete” means as defined in § 5402 of Title 24.
(b) It is unlawful for a person to intentionally do any of the following:
(1) Communicate a threat to a student athlete related to the performance of the student athlete in an intercollegiate sport, if all of the following apply:
a. The person communicating the threat intends the communication to be a threat of harm to the student athlete or the student athlete’s immediate family.
b. A reasonable person in the student athlete’s circumstances would perceive the communication to be a threat of harm.
(2) Engage in sports-related bullying or cyber-bullying of a student athlete related to the performance of the student athlete in an intercollegiate sport.
(c)(1) A first violation of subsection (b) of this section is a class A misdemeanor.
(2) A second or subsequent violation of subsection (b) of this section is a class E felony.
(3) The Superior Court has exclusive jurisdiction over a violation of this section.
(d)(1) Subsection (b) of this section does not apply to an electronic communications service provider that provides an electronic communications service to the public and is acting in the normal course of providing the electronic communications service.
(2) Except as provided under paragraph (d)(3) of this section, an electronic communications service provider is not required to maintain any record not otherwise kept in the ordinary course of the electronic communications service provider’s business.
(3) 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, any log files and images or electronic 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 enforcing this section if the governmental entity does any of the following:
a. Obtains a warrant issued using this State’s warrant procedures by a court of competent jurisdiction.
b. Obtains a court order for the disclosure under paragraph (d)(5) of this section
.
c. Has the consent of the person that sent, posted, or displayed the log files and images or electronic communications on the social network service’s website maintained by the electronic communications service provider.
(4) A cause of action may not be commenced in a court of this State against an electronic communications service provider or the electronic communications service provider’s officers, employees, or agents for providing information, facilities, or assistance under the terms of a court warrant or court order.
(5) A court order for disclosure may be issued by a court that is a court of competent jurisdiction and must issue only if the governmental entity offers specific and articulable facts showing that there are 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 may not issue a court order for disclosure if prohibited by other law of this State. A court issuing an order under this paragraph (d)(5) may, on a motion made promptly by the electronic communications service provider, quash or modify the order if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would cause an undue burden on the electronic communications service provider.
(e)(1) A student athlete who is the victim of a violation of subsection (b) of this section has a private right of action against the person convicted of violating subsection (b) of this section.
(2) A court may award all of the following to a student athlete who prevails in an action under paragraph (e)(1) of this section:
a. At least $75,000 in statutory damages for each intentional violation of subsection (b) of this section.
b. Actual damages.
c. Punitive damages.
d. Other forms of equitable relief.
e. Reasonable costs and attorney fees.
Section 2. Amend § 4835, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4835. Exclusion or ejection of certain persons from video lottery facilities and Internet lottery games; exclusion of certain persons from participating in sports lottery games.
(c) (1) The Director may issue an emergency order to exclude any person from participating in any capacity in the play of any sports lottery game if the Director finds that the person poses an immediate threat that would denigrate or undermine the integrity or overall soundness, financial stability, or reputation of the lottery, which may include a person’s reputation, habits, and associations that may pose a threat to the public interest of the State or the reputation or effective control of the lottery.
(3) In addition to the reasons for issuing an emergency order under paragraph (c)(1) of this section, the Director may issue an emergency order to exclude a person from participating in the play of a sports lottery game if the Director finds either of the following:
a. The person has been charged with a violation of § 908 of Title 28, or a similar statute of any state or jurisdiction.
b. The person has threatened violence or harm against a student athlete, as defined in § 908(a) of Title 28, and the threat is related to a student athlete’s performance in an intercollegiate sport, as defined in § 908(a) of Title 28, that is the subject of a sports lottery game.
(j) Notwithstanding subsections (a) and (b) of this section, the Director shall place a person convicted of a violation of § 908 of Title 28, or a similar statute of any state or jurisdiction, on the list established under subsection (a) and (b) of this section.
(k) The Director and Division of Gaming Enforcement shall establish and publicize a method of receiving reports from a student athlete, as defined in § 908(a) of Title 28, or a coach of an intercollegiate sport, as defined in § 908(a) of Title 28, related to any of the following:
(1) A violation of § 908 of Title 28, or a similar statute of any state or jurisdiction.
(2) A threat of violence or harm against a student athlete related to a student athlete’s performance in an intercollegiate sport that is the subject of a sports lottery game.
SYNOPSIS
Sports betting is legal in at least 39 states, including Delaware. The increase in sports betting has also seen an increase in threats to and harassment of student athletes. A September 2023 National Collegiate Athletic Association (“NCAA”) survey of campus administrators found 10% of Division I respondents said they were aware of student-athletes being harassed online or in person by someone with gambling interests. And, data from the 2024 March Madness indicated 1 in 3 high-profile student athletes received abusive messages from someone with a gambling interest. With the increase in student athlete harassment, the NCAA and others are urging states to take action. To that end, this Act seeks to protect student athletes from harassment by doing all of the following:
(1) Creating a criminal offense of student athlete harassment.
(2) Permitting a student athlete who is the victim of student athlete harassment to sue a person convicted of student athlete harassment.
(3) Requiring the Director of the State Lottery Office (“Director”) to exclude a person from participating in the play of any table game, sports lottery game, video lottery game, or Internet lottery game in Delaware if the person is convicted of student athlete harassment.
(4) Permitting the Director, on an emergency basis, to exclude a person from participating in the play of a sports lottery game if the Director finds the person threatened violence or harm against a student athlete if the threat is related to a sports lottery game.
(5) Requiring the Director and Division of Gaming Enforcement to establish and publicize a method of receiving reports from a student athlete or a coach of an intercollegiate sport relating to student athlete harassment.