What's happening
This bill expands second degree assault to include causing serious physical injury during the commission of first degree hazing.
Why it matters
Targets severe hazing outcomes. By including serious physical injury during first degree hazing under second degree assault, the bill closes a gap where current law may not adequately penalize hazing incidents that result in significant harm.
Raises stakes for would-be offenders. This change increases the potential legal consequences for those involved in dangerous hazing, providing a stronger deterrent against such activities in schools, fraternities, or other organizations.
Empowers victims and prosecutors. Victims of severe hazing-related injuries will have clearer legal grounds for prosecution, making it easier for law enforcement and district attorneys to pursue more serious charges in these cases.
Signals societal intolerance for hazardous hazing. By elevating the legal seriousness of these acts, the amendment reinforces that causing severe injury through hazing is not just a tradition gone wrong, but a major crime with serious repercussions.
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Who cares
Headline styles
Hazing Injuries Become Felony
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Increase Penalties for Hazing Injuries
In Assembly Committee · Codes · Sponsor Billy Jones
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1946
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
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 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 14 of section 120.05 of the penal law, as added by chapter 268 of the laws of 2016, is amended and a new subdivision 15 is added to read as follows:
14. With intent to prevent or obstruct a process server, as defined in section eighty-nine-t of the general business law, from performing a lawful duty pursuant to article three of the civil practice law and rules, or intentionally, as retaliation against such a process server for the performance of the process server's duties pursuant to such article, including by means of releasing or failing to control an animal evincing the actor's intent that the animal prevent or obstruct the lawful duty of the process server or as retaliation against the process server, he or she causes physical injury to such process server[.]; or
15. In the course of and in furtherance of the commission of the crime of hazing in the first degree, as defined in section 120.16 of this article, he or she, or another participant if there be any, causes serious physical injury to another person.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03002-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 phys- ical 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 affil- iation 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 legis- lation would increase the penalty for hazing in the first degree to assault in the second degree, a class D felony. Implementing this legis- lation will assist prosecutors in filing charges that are appropriate for the crime.
Legislative history
2017-18: S.1673/A.8876: Senate Rules; Referred 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.