Virginia 2022 Regular Session Status: Passed House Of Delegates

HB 993 — Unlawful hazing; amends definition, civil and criminal liability, penalties.

Last action — Continued to 2022 Sp. Sess. 1 pursuant to HJR455

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Unlawful hazing; penalty. Makes the crime of hazing a Class 5 felony if such hazing results in death or serious bodily injury to any person. The crime of hazing that does not result in death or serious bodily injury remains a Class 1 misdemeanor. The bill also provides an affirmative defense for hazing 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.

Bill Text

What changed in the latest version

44 added · 47 removed

Plain-language change summary

The amendment to HB 993 changes the classification of the offense of hazing that results in bodily injury from a Class 5 felony to a Class 1 misdemeanor. Additionally, the language regarding the affirmative defense for individuals seeking or obtaining emergency medical attention has been modified for clarity. This change matters because it reduces the potential criminal liability for those involved in hazing incidents while also clarifying the conditions under which an affirmative defense can be invoked.

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SESSION HOUSE SUBSTITUTE 22106438D HOUSE BILL NO.
SESSION SENATE SUBSTITUTE 22106766D HOUSE BILL NO.
993 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 11, 2022) (Patron Prior to Substitute––Delegate Murphy) A BILL to amend and reenact § 18.2-56 of the Code of Virginia, relating to unlawful hazing;
993 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary (Patron Prior to Substitute––Delegate Murphy) A BILL to amend and reenact § 18.2-56 of the Code of Virginia, relating to unlawful hazing;
Be it enacted by the General Assembly of Virginia:
penalties.
penalty.
A.
of higher education.
It shall be is unlawful to haze so as to cause bodily injury, any student at any school or institution of higher education.
unlawful to haze so as to cause bodily injury, any student at any school or institution Any person found guilty thereof shall be is guilty of a Class 1 misdemeanor.
Any person found guilty thereof shall be when the offense did not result in death or serious bodily offense did result in death or serious bodily injury to any person is guilty of a Class 5 felony.
Any person receiving bodily injury by hazing shall have a right to sue, civilly, the person or persons guilty thereof, whether adults or infants.
Any person receiving bodily injury by hazing shall have a right to sue, civilly, the person or perC.
C.
No person shall be subject to arrest or prosecution for involuntary manslaughter or violating this section if:
It shall be an affirmative defense to prosecution of an individual for violating this section if:
Such person (i) in good faith, seeks or obtains emergency medical attention for a person who has defined in § 65.2-102, emergency medical services personnel, as defined in § 32.1-111.1, ahter,Sas law-enforcement officer, as defined in § 9.1-101, or an emergency 911 system or (ii) in good faEth, 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 in accordance with this subdivision;
Such person (i) in good faith, seeks or obtains emergency medical attention for a person who has received a bodily injury by hazing by contemporaneously reporting such hazing to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in § 32.1-111.1, a A renders emergency care or assistance, including cardiopulmonary resuscitation (CPR), to a persoT who has received a bodily injury by hazing while another person seeks or obtains emergency medical attention in accordance with this subdivision;
2.
E 2.
Such person remains at the scene of the hazing or at any alternative location to which heSor the responds to the report for emergency medical attention.
Such person remains at the scene of the hazing or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer scene of the hazing or at the alternative location, then such person shall cooperate with lawent at the enforcement as otherwise set forth herein;
If no law-enforcement officer is present at the scene of the hazing or at the alternative location, then such person shall cooperate with law enforcement as otherwise set forth herein;
S 3.
B 3.
Such person identifies himself to the law-enforcement officer who responds to the report Uf the hazing;
Such person identifies himself to the law-enforcement officer who responds to the report Sf the hazing;
and B of the person seeking or obtaining emergency medical attention or rendering emergency care oras a result assistance.
and T of the person seeking or obtaining emergency medical attention or rendering emergency care oras a result assistance.
S D.
I 36 D.
The president or other presiding official of any school or institution of higher education receiving :
The president or other presiding official of any school or institution of higher educatioT receiving 37 appropriations from the state treasury shall, upon satisfactory proof of the guilt of any student hazing 38 another student, sanction and discipline such student in accordance with the institution's policies and 39 procedures.
36 appropriations from the state treasury shall, upon satisfactory proof of the guilt of any studeIt hazing 37 another student, sanction and discipline such student in accordance with the institution's policies and 39 discipline based on the facts and circumstances of each case and shall be consistent with the modeliate 40 policies established by the Department of Education or the State Council of Higher Education for Virginia, as applicable.
The institution's policies and procedures shall provide for expulsions or other appTopriate policies established by the Department of Education or the State Council of Higher Education foEdel Virginia, as applicable.
The president or other presiding official of any school or institutionTof higher education receiving appropriations from the state treasury shall report hazing which causes bodily injury education is, who shall take such action as he deems appropriate.ch such school or institution Ef higher E.
The president or other presiding official of any school or institution of higher education receiving appropriations from the state treasury shall report hazing which causes bodily injury to the attorney for the Commonwealth of the county or city in which such school or institution of higher education is, who shall take such action as he deems appropriate.
For the purposes of this section, "hazing" means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.
or safety of a student or students or to inflict bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardleHs of whether the student or students so endangered or injured participated voluntarily in the relevaBt activity.
H B S 1
2.
That the provisions of this act may result in a net increase in periods of imprisonment or 9 commitment.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the H correctional facilities;
therefore, Chapter 552 of the Acts of Assembly of 2021, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
View plain text versions (3)

Action History

  1. Continued to 2022 Sp. Sess. 1 pursuant to HJR455

  2. Second conferees appointed by House

  3. Continued to 2022 Sp. Sess. 1 pursuant to HJR455

  4. Second conferees appointed by House

  5. Conferees appointed by Senate

  6. Conferees appointed by House

  7. House acceded to request

  8. Conferees appointed by Senate

  9. Conferees appointed by House

  10. House acceded to request

  11. Senate requested conference committee

  12. Senate insisted on substitute (39-Y 0-N)

  13. Senate requested conference committee

  14. Senate insisted on substitute (39-Y 0-N)

  15. VOTE: Rejected (0-Y 96-N)

  16. Senate substitute rejected by House 22106766D-S1 (0-Y 96-N)

  17. VOTE: Rejected (0-Y 96-N)

  18. Senate substitute rejected by House 22106766D-S1 (0-Y 96-N)

  19. Passed Senate with substitute (39-Y 0-N)

  20. Engrossed by Senate - committee substitute HB993S1

  21. Committee substitute agreed to 22106766D-S1

  22. Reading of substitute waived

  23. Read third time

  24. Passed Senate with substitute (39-Y 0-N)

  25. Engrossed by Senate - committee substitute HB993S1

  26. Committee substitute agreed to 22106766D-S1

  27. Reading of substitute waived

  28. Read third time

  29. Constitutional reading dispensed (39-Y 0-N)

  30. Constitutional reading dispensed (39-Y 0-N)

  31. Reported from Finance and Appropriations (15-Y 0-N)

  32. Reported from Finance and Appropriations (15-Y 0-N)

  33. Impact statement from DPB (HB993S1)

  34. Impact statement from DPB (HB993S1)

  35. Rereferred to Finance and Appropriations

  36. Committee substitute printed 22106766D-S1

  37. Reported from Judiciary with substitute (15-Y 0-N)

  38. Rereferred to Finance and Appropriations

  39. Committee substitute printed 22106766D-S1

  40. Reported from Judiciary with substitute (15-Y 0-N)

  41. Referred to Committee on the Judiciary

  42. Constitutional reading dispensed

  43. Referred to Committee on the Judiciary

  44. Constitutional reading dispensed

  45. VOTE: Block Vote Passage (100-Y 0-N)

  46. Read third time and passed House BLOCK VOTE (100-Y 0-N)

  47. VOTE: Block Vote Passage (100-Y 0-N)

  48. Read third time and passed House BLOCK VOTE (100-Y 0-N)

  49. Engrossed by House - committee substitute HB993H1

  50. Committee substitute agreed to 22106438D-H1

  51. Read second time

  52. Impact statement from VCSC (HB993H1)

  53. Impact statement from DPB (HB993H1)

  54. Engrossed by House - committee substitute HB993H1

  55. Committee substitute agreed to 22106438D-H1

  56. Read second time

  57. Impact statement from VCSC (HB993H1)

  58. Impact statement from DPB (HB993H1)

  59. Read first time

  60. Read first time

  61. Committee substitute printed 22106438D-H1

  62. Reported from Courts of Justice with substitute (18-Y 0-N)

  63. Committee substitute printed 22106438D-H1

  64. Reported from Courts of Justice with substitute (18-Y 0-N)

  65. Subcommittee recommends reporting with substitute (8-Y 0-N)

  66. House subcommittee amendments and substitutes offered

  67. Impact statement from DPB (HB993)

  68. Subcommittee recommends reporting with substitute (8-Y 0-N)

  69. House subcommittee amendments and substitutes offered

  70. Impact statement from DPB (HB993)

  71. Assigned Courts sub: Subcommittee #1

  72. Assigned Courts sub: Subcommittee #1

  73. Impact statement from VCSC (HB993)

  74. Impact statement from VCSC (HB993)

  75. Referred to Committee for Courts of Justice

  76. Prefiled and ordered printed; offered 01/12/22 22103988D

  77. Referred to Committee for Courts of Justice

  78. Prefiled and ordered printed; offered 01/12/22 22103988D

Sponsors

Sponsorship breakdown

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1 sponsors · 32 co-sponsors · 115 not signed on

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Not Voting
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Not Voting
William M. Stanley, Jr. — Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 18 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18002
Total 18002
% of votes cast 90%0%0%10%
How each member voted (20)

Official roll call →

Subjects

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Frequently asked questions

What does HB 993 do?
Unlawful hazing; penalty. Makes the crime of hazing a Class 5 felony if such hazing results in death or serious bodily injury to any person. The crime of hazing that does not result in death or serious bodily injury remains a Class 1 misdemeanor. The bill also provides an affirmative defense for hazing 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.
Who sponsors HB 993?
HB 993 is sponsored by Richard C. "Rip" Sullivan, Jr., Elizabeth B. Bennett-Parker, Betsy B. Carr, Jackie H. Glass, C.E. Cliff Hayes, Jr., Patrick A. Hope, Paul E. Krizek, Alfonso H. Lopez, David A. Reid, Danica A. Roem, Briana D. Sewell, Irene Shin, Marcus B. Simon, Shelly A. Simonds, Schuyler T. VanValkenburg, Vivian E. Watts, Jennifer B. Boysko, Nadarius E. Clark, Karrie K. Delaney, Kelly K. Convirs-Fowler, Mark D. Sickles, Elizabeth R. Guzman, Kimberly Pope Adams, Candi Mundon King, Filler-Corn, Eileen, Subramanyam, Suhas, Plum, Kenneth R., Mullin, Michael P., Kory, Kaye, Keam, Mark L., Gooditis, Wendy W., Bourne, Jeffrey M., and Murphy, Kathleen.
What is the current status of HB 993?
This bill died with 2022 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 993?
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