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

SPECIAL SESSION I HOUSESENATE SUBSTITUTE 22106438D22106766D HOUSE BILL NO.

993 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the HouseSenate Committee foron Courtsthe ofJudiciary Justice on February 11,21, 2022) (Patron Prior to Substitute––Delegate Murphy) A BILLBBe toit amendenacted andby reenactthe §General 18.2-56Assembly of theVirginia:Virginia, Code of Virginia, relating to unlawful hazing;

penalties.penalty.

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.

ItNo person shall be ansubject affirmativeto defensearrest toor prosecution offor aninvoluntary individualmanslaughter foror violating this section if:

1.N received a bodily injury by hazing by contemporaneously reporting such hazing to a firefighter, as has defined in § 65.2-102, emergency medical services personnel, as defined in § 32.1-111.1, a A 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 att2.

Such person (i)remains inat goodthe faith,scene seeksof orthe obtainshazing emergencyor medicalat attentionany foralternative alocation personto whowhich hashe definedor inthe §person 65.2-102,requiring emergency medical servicesattention personnel,has asbeen definedtransported inuntil §a 32.1-111.1, ahter,Sas law-enforcement officer,officer asresponds 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 athe personreport whofor has received a bodily injury by hazing while another person seeks or obtains emergency medical attentionattention. in accordance with this subdivision;

2.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 S enforcement as otherwise set forth herein;

Suchhazing; 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.

Ifandperson noidentifies law-enforcementhimself officerto isthe presentlaw-enforcement atofficer thewho sceneresponds ofto the hazingreport orUf at the alternative4. location, then such person shall cooperate with law enforcement as otherwise set forth herein;

BThe 3.evidence for the prosecution of an offense enumerated in this section was obtained as a result of the person seeking or obtaining emergency medical attention or rendering emergency care or S assistance.

Such35 personD. identifies himself to the law-enforcement officer who responds to the report Sf the hazing;

andThe Tpresident ofor theother personpresiding seekingofficial of any school or obtaininginstitution emergencyof medicalhigher attentioneducation orreceiving rendering37 emergencyanother carestudent, orassanction aand resultdiscipline assistance.such student in accordance with the institution's policies andg / 38 procedures.

IThe 36institution's D.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 model 40 policies established by the Department of Education or the State Council of Higher Education for Virginia, as applicable.

The president or other presiding official of any school or institutioninstitutionTof of higher educatioTto receivingthe 37attorney appropriationsfor from the stateCommonwealth treasury shall, upon satisfactory proof of the guiltcounty ofor anycity studentin hazingwhich 38such anotherschool student,or sanctioninstitution andEf disciplinehighery sucheducation studentis, inwho accordanceshall withtake thesuch institution'saction policiesas andhe 39deems procedures.appropriate.

TheE. 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.

TheFor presidentthe orpurposes otherof presidingthis officialsection, of"hazing" anymeans schoolto recklessly or institutionintentionally ofendanger higherthe educationhealth receivingor appropriationssafety fromof thea statestudent treasuryor shallstudents reportor hazingto whichinflict causes bodily injury toon thea attorneystudent or students in connection with or for the Commonwealthpurpose of theinitiation, countyadmission into or cityaffiliation inwith whichor suchas schoola orcondition institutionfor ofcontinued higherwhether educationthe is,student whoor shallstudents takeso suchendangered actionor asinjured heparticipated deemsvoluntarily appropriate.in the relevant activity.

orH safetyB of1 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.

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.