S T A T E O F N E W Y O R K
________________________________________________________________________
4396
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
___________
Introduced by M. of A. CANESTRARI -- Multi-Sponsored by -- M. of A.
BARRA, KOON, McENENY -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to increasing the penalties
for hazing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.16 of the penal law, as amended by chapter 86
of the laws of 1988, is amended to read as follows:
S 120.16 Hazing in the first degree.
A person is guilty of hazing in the first degree when, in the course
of another person's initiation into or affiliation with any organiza-
tion, he OR SHE intentionally or recklessly engages in conduct which
creates a substantial risk of SERIOUS physical injury OR DEATH to such
other person or a third person and thereby causes such SERIOUS injury OR
DEATH TO SUCH PERSON OR TO A THIRD PERSON.
Hazing in the first degree is a class [A misdemeanor] D FELONY.
S 2. Section 120.17 of the penal law, as added by chapter 86 of the
laws of 1988, is amended to read as follows:
S 120.17 Hazing in the second degree.
A person is guilty of hazing in the second degree when, in the course
of another person's initiation or affiliation with any organization, he
OR SHE intentionally or recklessly engages in conduct which creates a
substantial risk of physical injury to such other person or a third
person AND THEREBY CAUSES SUCH INJURY.
Hazing in the second degree is a [violation] CLASS E FELONY.
S 3. The penal law is amended by adding a new section 120.19 to read
as follows:
S 120.19 HAZING IN THE THIRD DEGREE.
A PERSON IS GUILTY OF HAZING IN THE THIRD DEGREE WHEN, IN THE COURSE
OF ANOTHER PERSON'S INITIATION OR AFFILIATION WITH ANY ORGANIZATION, HE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00197-01-9
A. 4396 2
OR SHE INTENTIONALLY OR RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A
SUBSTANTIAL RISK OF PHYSICAL INJURY TO SUCH OTHER PERSON OR A THIRD
PERSON.
HAZING IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.