ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2322: hazing; hazing paraphernalia; offense

Sponsor: Representative Kavanagh, LD 23

Committee on Government & Elections

Overview

Defines what it means for a person to commit hazing.

History

Current statute requires every Arizona public educational institution to adopt, post and enforce a hazing prevention policy and outlines what must be included in the policies.  The hazing prevention policy must be printed in every student handbook for distribution to parents and students.  Violations of hazing prevention policies do not include customary athletic events, competitions or contests that are sponsored by an educational institution or any activity or conduct that furthers goals of a legitimate educational curriculum, extracurricular program or military training program (A.R.S. § 15-2301).

Provisions

1. Stipulates that a person commits hazing by intentionally, knowingly or recklessly causing, coercing or forcing a minor or student to do any of the following for the purpose of pre-initiation activities, pledging, initiating, holding office, admitting or affiliating the minor or student into an organization:

a) Violate a state or federal criminal law;

b) Consume any food, liquid, drug or other substance that subjects the minor or student to a risk of physical or emotional harm;

c) Endure physical or mental brutality;

d) Endure sexual humiliation or brutality; or

e) Endure any other activity that creates a reasonable likelihood that the minor or student will be physically injured. (Sec. 1)

2. Prohibits a person from being charged with or prosecuted for hazing, using hazing paraphernalia or for a preparatory offense if the evidence for the violation was solely gained as a result of either:

a) The person transported the minor or student to a law enforcement agency, health care facility or campus security office if the minor or student was experiencing a medical emergency; or

b) The person reported the medical event caused by the hazing to emergency services personnel and reasonably believed that the minor or student needed immediate medical attention if the person:

i. Provided the person's name and location of the minor or student who was in need of medical attention;

ii. The person remained with the minor or student until emergency services personnel arrived; and

iii. The person cooperated with emergency services personnel. (Sec. 1)

3. States that the prohibition for a person being charged for hazing does not do any of the following:

a) Prohibit charging or prosecuting a person for a violation if law enforcement obtains evidence before the person's act of obtaining medical assistance;

b) Prohibit the admissibility of evidence in connection with the investigation and prosecution for any other crime; or

c) Prohibit the admissibility of evidence in connection with the investigation and prosecution of such a violation against another person who is not immune from prosecution. (Sec. 1)

4. Specifies that it is not a defense to hazing if:

a) The victim acquiesced or consented, whether implied or expressed, to the conduct; or

b) The conduct was sanctioned by the organization or educational institution, or the conduct was traditional and customary. (Sec. 1)

5. Stipulates that hazing is a class 1 misdemeanor, except if it results in a person's death it is a class 4 felony. (Sec. 1)

6. States that a person commits hazing planning or organizing by:

a) Agreeing with one or more people that at least one of them will engage in hazing and one of the parties commits an overt act in furtherance of hazing;

b) Knowingly or intentionally engaging in conduct that would constitute hazing if the circumstances were as the person believes them to be;

c) Knowingly or intentionally doing or omitting to do anything that is any step in a course of conduct planned to culminate in committing hazing; or

d) Knowingly or intentionally engaging in conduct that is intended to aid another to commit hazing. (Sec. 1)

7. Defines a violation of hazing planning or organizing as a class 2 misdemeanor. (Sec. 1)

8. Maintains that it is unlawful and classified as a class 3 misdemeanor for a person to knowingly own, purchase, possess, sell, transfer or manufacture hazing paraphernalia for the purpose of engaging in, organizing, planning or promoting hazing. (Sec. 1)

9. Specifies that this does not apply to reasonable and customary law enforcement, athletic or military training, contests, competitions or events. (Sec. 1)

10. Defines hazing paraphernalia and organization. (Sec. 1)

11. Makes technical and conforming changes. (Sec. 2)

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15.                         HB 2322

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