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- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increases penalties for hazing
In Assembly Committee · Codes · Sponsor Ronald Canestrari
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 11 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
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 it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.