Signed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to pass a bill the increases anti hazing penalties and reporting regulations.

Highlights:

• Defines “hazing” as intentionally, knowingly, or recklessly initiating, admitting, or affiliating a minor or student into an organization or enhancing membership status by coercing, or forcing a minor to do any of the following, including, but not limited to (Sec. 1):

• Violate federal or state criminal law;

• Consume any food, liquid, alcoholic liquid, drug or other substance that puts the minor at risk of emotional or physical harm;

• Endure brutality of a sexual nature or physical or nature, such as whipping, beating, branding, calisthenics, or exposure to the elements;

• Endure brutality of a mental nature, such as activity adversely affecting mental health or dignity of the individual, sleep deprivation, exclusion from social contact, or conduct that could result in extreme embarrassment.

• Specifies that hazing shall be classified as a third degree misdemeanor if it results in or creates the reasonable likelihood of bodily injury to the minor or student (Sec 1).

• Specifies that any organization that is found guilty of committing hazing offenses be subject to the following penalties, including, but not limited to (Sec. 1):

• Fines of $5,000 and $15,000 for each violation found; and

• Any other relief or penalty that the court deems equitable.

• Prohibits the defense case of prior consent being from the minor or conduct being previously approved by the institution, secondary school, or organization (Sec. 1).

• Authorizes the court to have the power to direct the defendant to forfeit property that was involved in the hazing violation (Sec. 1).

• Requires each institution and governing board of a secondary school adopt a written policy against hazing, and adopt rules prohibiting students from engaging in hazing and post the policy on the institutions publicly accessible internet website (Sec. 1).

• Establishes a program for the training and enforcement of anti-hazing policies at each institution and governing board of a secondary school (Sec. 1).

• Requires all secondary schools ensure that all students enrolled at their institutions are informed of the anti hazing policies, rules, penalties, and programs of enforcement (Sec. 1).

• Specifies that institutional penalties may involve the following, including but not limited to (Sec. 1):

• The imposition of fines;

• The withholding of diplomas or transcripts pending compliance with the payment of fines;

• The rescission of permission for the organization to operate at the institution; and

• The imposition of probation, suspension, dismissal or expulsion.

• Establishes that each penalty imposed under this law will be an addition to the penalty imposed for the violation of an offense under criminal laws of this commonwealth (Sec. 1).

• Defines “organization” as any of the following, including, but not limited to (Sec. 1):

• A fraternity or sorority;

• Association or corporation; and

• Order, society, corps, or service.

• Defines “secondary school” as a public or private school within this commonwealth that provides instruction for grades 7 through 12 (Sec. 1).

• Exempts reasonable or customary athletic, law enforcement, or military training, contests, competitions or events from being classified under the definition of hazing (Sec. 1).

• Requires an institution maintain a report of all violations of the institution’s anti-hazing policies or federal or state laws related to hazing that get reported to the institution that covers the following, including, but not limited to (Sec. 1):

• The name of the subject of the report;

• The date when the subject of the report was charged with an anti-hazing violation;

• A general description of the violation and subsequent institution investigation; and

• The date in which the matter was resolved including appropriate penalties.

• Specifies that the report shall not include personal identifying information of an individual (Sec. 1).

• Exempts an individual that seeks medical attention for another individual as a result of hazing practices from criminal liability (Sec. 2).

• Requires an individual to provide their real name to 911 operators and remain with the individual seeking medical attention for the entire duration until emergency service personnel arrives in order to receive immunity from criminal liability (Sec. 2).

• Specifies that this immunity will not effect or bar the admissibility of evidence in connection with an investigation of a crime regarding another individual who does not qualify for safe harbor under this act (Sec. 2).

Full Bill Text