ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: GE DPA 12-1-0-0 | 3rd Read 52-7-1-0
Senate: ED DPA 7-1-0-0 | 3rd Read 19-8-3-0
Final Pass: 46-11-3-0

HB 2322: hazing; hazing paraphernalia; offense

NOW: hazing; classification; offense

Sponsor: Representative Kavanagh, LD 23

Transmitted to the Governor

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 engage in or endure 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)   Sexual humiliation or brutality, or both;

b)   Conduct or conditions that are reasonably calculated to cause severe mental distress to the minor or student;

c)   The consumption of any food, nonalcoholic liquid, alcoholic liquid, drug or other substance that poses a substantial risk of physical injury, emotional harm or death;

d)   An act of restraint, confinement in a small space or significant sleep deprivation;

e)   Conduct or conditions that violate a state or federal criminal law and that pose a substantial risk of physical injury or death; or

f) Physical brutality or other conduct or conditions that pose a substantial risk of physical injury or death including outlined actions. (Sec. 1)

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

3.   Prohibits a person from being charged with or prosecuted for hazing or for a crime arising out of hazing 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, promptly and in good faith, 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)

4.   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)

5.   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)

6.   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)

7.   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 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)

8.   Prohibits a person from being charged with or prosecuted for a violation of hazing planning or organizing if the person, in writing, transmits to others involved in the hazing, planning or organizing a complete and voluntary renunciation of the person's criminal intent or takes active steps to thwart the planned hazing from occurring. (Sec. 1)

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

10.  Defines organization. (Sec. 1)

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

 

 

 

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                        HB 2322

Initials SJ        Page 0 Transmitted

 

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