Includes within the class D felony of assault in the second degree, the causation of serious physical injury to another person while in the course of committing hazing in the first degree

1 Co-sponsor

• Kathleen A. Marchione

Title of bill

An act to amend the penal law, in relation to expanding the offense of assault in the second degree to include the infliction of serious physical injury in the course of committing hazing in the first degree

Purpose

To include within the class D felony of assault in the second degree, the causation of serious physical injury to another person while in the course of committing hazing in the first degree.

Summary of provisions

Adds a new subdivision 13 to section 120.05 of the penal law, assault in the second degree, for causing serious physical injury to someone in the course of the commission of the crime of hazing in the first degree.

Justification

Hazing incidents resulting in serious injury or death continue to be a problem in New York State. A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he 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 injury. Under current law, hazing in the first degree is a class A misdemeanor. This legislation would increase the penalty for hazing in the first degree to assault in the second degree, a class D felony. Implementing this legislation will assist prosecutors in filing charges that are appropriate for the crime.

Legislative history

New Bill

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.