Reference to: House engrossed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Removes, from the criminal classification of hazing, causing, coercing or forcing a minor or student to:
a) violate a federal or state criminal law;
b) endure mental brutality, including an act that adversely affects the mental health or dignity of the minor or student, exclusion from social contact or conduct that could result in extreme embarrassment; and
c) endure any activity that creates a reasonable likelihood that the minor or student will be physically injured.
2. Adds, to the criminal classification of hazing, causing, coercing or forcing a minor or student to:
a) engage in or endure conduct or conditions that violate a federal or state criminal law and that pose a substantial risk of death or physical injury;
b) engage in or endure conduct or conditions, including physical or psychological tactics, that are reasonably calculated to cause severe mental distress to the minor or student, including activities that are reasonably calculated to cause the minor or student to harm themselves or others;
c) engage in or endure any conduct or conditions that pose a substantial risk of death or physical injury;
d) engage in or endure an act of restraint;
e) engage in physical brutality; and
f) engage in sexual humiliation or brutality.
3. Specifies that, for classification as hazing, causing, coercion or forcing a minor or student to consume food, liquid drug or other substance must pose a substantial risk of death, physical injury or emotional harm, rather than subject the minor or student to a risk of emotional or physical harm.
4. Specifies that sleep deprivation must be significant for classification as hazing.
5. Modifies the list of actions specifically included in physical brutality by:
a) removing striking;
b) adding excessive exercise;
c) specifying that calisthenics must be excessive for classification as physical brutality; and
d) specifying that exposure to the elements must be unhealthy for classification as physical brutality.
6. Immunizes a person from being charged with or prosecuted for a crime arising out of hazing, rather than for a preparatory offense, if the evidence was gained solely as a result of transporting a hazing victim or reporting a medical event as outlined.
7. Specifies that a person's good faith report of a medical event caused by hazing must be made promptly, rather than in a timely manner, to qualify for immunization.
8. Immunizes a person from being charged with or prosecuted for hazing planning or organizing if the person:
a) transmits to the others involved in the hazing or hazing planning or organizing a complete and voluntary written renunciation of the person’s criminal intent; or
b) takes active steps to thwart the planned hazing from occurring.
9. Makes conforming changes.