senate Bill S1756

2013-2014 Legislative Session

Increase penalties for hazing

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 10, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.776
Jan 09, 2013 referred to codes

Votes

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S1756 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§120.16 & 120.17, add §120.19, Pen L

S1756 - Bill Texts

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Increases severity of hazing in the second degree from a violation to an E felony where injury or death occurs, and of hazing in the first degree from a class A misdemeanor to a class D felony where injury or death is caused by deadly weapon or dangerous instrument; creates new class A misdemeanor of hazing in the third degree which mirrors former hazing in the second degree.

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BILL NUMBER:S1756

TITLE OF BILL:
An act
to amend the penal law, in relation to increasing the penalties for
hazing

PURPOSE:
To increase the hazing penalties in New York State.

SUMMARY OF PROVISIONS:
This legislation increases the penalties associated with the crimes of
hazing in the first and second degrees and creates the new offense of
hazing in the third degree. As proposed, the first degree offense,
where the hazing causes serious physical injury or death, would be a
class D felony. The second degree offense, where the hazing results
in physical injury, is a class E felony. Lastly, the new third degree
offense, which is a class A misdemeanor, covers situations where no
physical injury results.

EXISTING LAW:
Under current law a person is guilty of hazing in the first degree
when, during an initiation process, he or she engages in conduct that
creates a substantial risk of physical injury to another person.
Hazing in the first degree is a class A misdemeanor. Hazing in the
second degree, where no physical injury occurs, is a violation.

JUSTIFICATION:
Hazing has continued to be an issue across the country for a number of
years. New York State along with 37 other states have laws that
address hazing related acts. Unfortunately, these laws do not seem to
be a deterrent as we see more and more injuries and deaths linked to
hazing. Most recently, a Plattsburgh State University student, who
was pledging a fraternity, died in March as a result of being forced
to funnel large amounts of water until he vomited a number of times.
His autopsy showed that he died from brain swelling due to water
intoxication. The District Attorney involved in this case is forced
to be creative with the charges brought upon the I l fraternity
members because the penalties under current hazing law are only
considered a misdemeanor or a violation. This legislation would
assist prosecutors in filing charges that are appropriate for the
crime.

LEGISLATIVE HISTORY:
2009-10: S. 298 Referred to Codes: A. 4396 Referred to Codes
2007-08: S.1117 Passed Senate; A.2607 Codes
2005-06: S.719-A Passed Senate; A.5606-A Codes
2003-04: S.5158 Passed Senate; A.8941 Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which is shall have become a law.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1756

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD01107-01-3

S. 1756                             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.

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