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.
Ayes (60): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Ball, Montgomery
Excused (1): Martins
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.
STATE OF NEW YORK ________________________________________________________________________ 1756 2013-2014 Regular Sessions IN SENATE (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, HEEXPLANATION--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.