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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S1756-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1756-2013 Meetings

Codes: May 29, 2013

S1756-2013 Memo

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.

S1756-2013 Text

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

                                    1756

                         2013-2014 Regular Sessions

                              I N  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,  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.