Virginia 2022 Regular Session Status: Passed Senate

SB 440 — Unlawful hazing; civil and criminal liability.

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

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

This bill died with 2022 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. 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.

Bill Text

What changed in the latest version

45 added · 48 removed

Plain-language change summary

The proposed changes to SB 440 enhance the penalties for hazing by reclassifying it as a Class 5 felony when it results in death or serious bodily injury, compared to the previous classification as a Class 1 misdemeanor. This change aims to hold individuals accountable for more severe consequences related to hazing incidents. Additionally, the updated bill clarifies and strengthens the legal protections for those who seek emergency medical help in hazing situations, ensuring that they won't face prosecution for their actions while assisting victims. These adjustments are significant as they increase penalties for hazing and encourage bystanders to act without fear of legal repercussions, potentially leading to better outcomes during emergencies.

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SESSION SENATE SUBSTITUTE 22105988D SENATE BILL NO.
SESSION HOUSE SUBSTITUTE 22106961D SENATE BILL NO.
440 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 7, 2022) (Patron Prior to Substitute––Senator Boysko) A BILL to amend and reenact § 18.2-56 of the Code of Virginia, relating to unlawful hazing;
440 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 25, 2022) (Patron Prior to Substitute––Senator Boysko) A BILL to amend and reenact § 18.2-56 of the Code of Virginia, relating to unlawful hazing;
penalty.
penalties.
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.
The provisions of this subsection shall not preclude prosecution under any other statute.
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 received a bodily injury by hazing by contemporaneously reporting such hazing to a firefighter, as law-enforcement officer, as defined in § 9.1-101, or an emergency 911 system or (ii) in good faith, 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;
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;
E 2.
2.
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;
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.
S 3.
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;
Such person identifies himself to the law-enforcement officer who responds to the report Uf the hazing;
B 3.
and B 4.
Such person identifies himself to the law-enforcement officer who responds to the report Sf the hazing;
The evidence for the prosecution of an offense enumerated in this section was obtained as a result assistance.on seeking or obtaining emergency medical attention or rendering emergency care or S D.
and T of the person seeking or obtaining emergency medical attention or rendering emergency care oras a result assistance.
The president or other presiding official of any school or institution of higher education receiving :
I :
36 appropriations from the state treasury shall, upon satisfactory proof of the guilt of any student hazing 37 another student, sanction and discipline such student in accordance with the institution's policies and 38 procedures.
36 D.
The institution's policies and procedures shall provide for expulsions or other appTopriate 39 discipline based on the facts and circumstances of each case and shall be consistent with the mUdel Virginia, as applicable.
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.
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 Ef higher education is, who shall take such action as he deems appropriate.
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.
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.
The attorney for the Commonwealth may file a petition for mandamus or injunction, supported by institution of higher education receiving appropriations from the state treasury seeking to enforce the provisions of subsection D if such president or other presiding official fails to perform his duties as required by subsection D.
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.
Venue for such petition shall be in the circuit court of the county or city where the school or institution of higher education is located.
2.
If the court finds that the president or other presiding official willfully or knowingly faiSed to perform his duties, the court shall impose upon such president or other presiding official in h4s of not less than $500 nor more than $2,000, which amount shall be paid into the Literary Fund.
That the provisions of this act may result in a net increase in periods of imprisonment or 0 commitment.
For alty second or subsequent violation, such civil penalty shall be not less than $2,000 nor more than $5,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the H correctional facilities;
F.
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.
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 SB440S1 2 of 2 whether the student or students so endangered or injured participated voluntarily in the relevant activity.
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.
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Action History

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

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

  3. Conferees appointed by House

  4. Conferees appointed by House

  5. Conferees appointed by Senate

  6. Senate acceded to request (39-Y 0-N)

  7. Conferees appointed by Senate

  8. Senate acceded to request (39-Y 0-N)

  9. House requested conference committee

  10. House insisted on substitute

  11. House requested conference committee

  12. House insisted on substitute

  13. House substitute rejected by Senate (0-Y 40-N)

  14. House substitute rejected by Senate (0-Y 40-N)

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

  16. Passed House with substitute BLOCK VOTE (100-Y 0-N)

  17. Engrossed by House - committee substitute SB440H1

  18. Committee substitute agreed to 22106961D-H1

  19. Read third time

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

  21. Passed House with substitute BLOCK VOTE (100-Y 0-N)

  22. Engrossed by House - committee substitute SB440H1

  23. Committee substitute agreed to 22106961D-H1

  24. Read third time

  25. Read second time

  26. Impact statement from DPB (SB440H1)

  27. Read second time

  28. Impact statement from DPB (SB440H1)

  29. Impact statement from VCSC (SB440H1)

  30. Committee substitute printed 22106961D-H1

  31. Reported from Courts of Justice with substitute (20-Y 0-N)

  32. Impact statement from VCSC (SB440H1)

  33. Committee substitute printed 22106961D-H1

  34. Reported from Courts of Justice with substitute (20-Y 0-N)

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

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

  37. Assigned Courts sub: Subcommittee #1

  38. Assigned Courts sub: Subcommittee #1

  39. Referred to Committee for Courts of Justice

  40. Read first time

  41. Placed on Calendar

  42. Referred to Committee for Courts of Justice

  43. Read first time

  44. Placed on Calendar

  45. Read third time and passed Senate (30-Y 10-N)

  46. Read third time and passed Senate (30-Y 10-N)

  47. Engrossed by Senate - committee substitute SB440S1

  48. Committee substitute agreed to 22105988D-S1

  49. Reading of substitute waived

  50. Read second time

  51. Impact statement from DPB (SB440S1)

  52. Engrossed by Senate - committee substitute SB440S1

  53. Committee substitute agreed to 22105988D-S1

  54. Reading of substitute waived

  55. Read second time

  56. Impact statement from DPB (SB440S1)

  57. Constitutional reading dispensed (40-Y 0-N)

  58. Constitutional reading dispensed (40-Y 0-N)

  59. Committee substitute printed 22105988D-S1

  60. Reported from Judiciary with substitute (10-Y 4-N)

  61. Senate committee, floor amendments and substitutes offered

  62. Committee substitute printed 22105988D-S1

  63. Reported from Judiciary with substitute (10-Y 4-N)

  64. Senate committee, floor amendments and substitutes offered

  65. Assigned Judiciary sub: Criminal Law

  66. Assigned Judiciary sub: Criminal Law

  67. Impact statement from VCSC (SB440)

  68. Impact statement from VCSC (SB440)

  69. Referred to Committee on the Judiciary

  70. Prefiled and ordered printed; offered 01/12/22 22103985D

  71. Referred to Committee on the Judiciary

  72. Prefiled and ordered printed; offered 01/12/22 22103985D

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 144 not signed on · 36 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"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

House substitute rejected by Senate (0-Y 40-N)

Failed 0 Yea · 40 Nay
Party YeaNayPresentNot Voting
Unaffiliated 04000
Total 04000
% of votes cast 0%100%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Nay
Morrissey, Joseph D. — Nay
Spruill, Lionell, Sr. — Nay
Barbara A. Favola — Nay
Barker, George L. — Nay
Bell, John J. — Nay
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Nay
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Nay
Edwards, John S. — Nay
Hanger, Emmett W., Jr. — Nay
Hashmi, Ghazala F. — Nay
Howell, Janet D. — Nay
Jennifer B. Boysko — Nay
Jeremy S. McPike — Nay
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Nay
Lewis, Lynwood W., Jr. — Nay
Mamie E. Locke — Nay
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Nay
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Nay
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Nay
Scott A. Surovell — Nay
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

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

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Yea
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Courts of Justice with substitute (20-Y 0-N)

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Adams, Les R. — Yea
Bell, Robert B. — Yea
Bourne, Jeffrey M. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Don Scott — Yea
Freitas, Nicholas J. — Yea
James A. "Jay" Leftwich — Yea
Jason S. Ballard — Yea
Jessica L. Anderson — Yea
Karrie K. Delaney — Yea
Keam, Mark L. — Yea
Marcus B. Simon — Yea
Patrick A. Hope — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Yea
Vivian E. Watts — Yea
Wren M. Williams — Yea

Official roll call →

Read third time and passed Senate (30-Y 10-N)

Passed 30 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 301000
Total 301000
% of votes cast 75%25%0%0%
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 — Nay
Bryce E. Reeves — Yea
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
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 — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
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 — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does SB 440 do?
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.
Who sponsors SB 440?
SB 440 is sponsored by Jennifer B. Boysko, Jennifer L. McClellan, Adam P. Ebbin, and Murphy, Kathleen.
What is the current status of SB 440?
This bill died with 2022 Regular Session. It reached “Passed Senate” 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 SB 440?
Track SB 440 free on One Click Politics — get push/email alerts when it moves.

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