SB 440

Abstract

Unlawful hazing; penalty. Provides immunity for arrest and prosecution for hazing and involuntary manslaughter if a person in good faith seeks or obtains emergency medical attention for a person who has received a bodily injury by hazing or renders emergency care or assistance, including cardiopulmonary resuscitation (CPR), to a person who has received a bodily injury by hazing while another person seeks or obtains emergency medical attention for such person. The bill also clarifies that a prosecution of a hazing violation shall not preclude prosecution under any other statute. The bill also provides that the attorney for the Commonwealth may file a petition for mandamus or injunction against the president or other presiding official of any school or institution of higher education receiving appropriations from the state treasury seeking to enforce the required disciplinary and notifications provisions associated with acts of hazing.

Unlawful hazing; penalty. Amends the definitionof hazing to include the reckless or intentional act of causing anotherperson to suffer severe emotional distress through outrageous orintolerable conduct when the severe emotional distress was causedby the outrageous or intolerable conduct. The bill also makes the crime of hazing a Class 5 felony if such hazing results in deathor serious bodily injury to any person. The crime of hazing thatdoes not result in death or serious bodily injury remains a Class1 misdemeanor. The bill provides immunity for arrest and prosecutionfor hazing if a person in good faith seeks or obtains emergency medicalattention for a person who has received a bodily injury by hazingor renders emergency care or assistance, including cardiopulmonaryresuscitation (CPR), to a person who has received a bodily injuryby hazing while another person seeks or obtains emergency medicalattention for such person. The bill also creates a civil penaltyfor certain organizations if such organization had specific credibleknowledge that its student members were participating, aiding, orassisting in any act of hazing and did not attempt to intervene tostop the hazing or report it to the appropriate local authorities.