SB 440 — Unlawful hazing; civil and criminal liability.

SPECIAL SESSION I SENATEHOUSE SUBSTITUTE 22105988D22106961D SENATE BILL NO.

440 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the SenateHouse Committee onfor theCourts Judiciaryof Justice on February 7,25, 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 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 15 misdemeanor.felony.

The provisions of this subsection shall not preclude prosecution under any other statute.

NoIt person shall be subjectan toaffirmative arrestdefense orto prosecution forof involuntaryan manslaughterindividual orfor violating this section if:

Such person (i) in good faith, seeks or obtains emergency medical attention for a person who has receiveddefined ain bodily§ injury65.2-102, byemergency hazingmedical byservices contemporaneouslypersonnel, reportingas suchdefined hazingin to§ a32.1-111.1, firefighter,ahter,Sas as law-enforcement officer, as defined in § 9.1-101, or an emergency 911 system or (ii) in good faith,faEth, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR), to a persoTperson who has received a bodily injury by hazing while another person seeks or obtains emergency medical attention in accordance with this subdivision;

E 2.

Such person remains at the scene of the hazing or at any alternative location to which heheSor or the personresponds requiringto emergency medical attention has been transported until a law-enforcement officer scene of the hazingreport orfor atemergency themedical alternativeattention. location, then such person shall cooperate with lawent at the enforcement as otherwise set forth herein;

SIf 3.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;

SuchB person3. identifies himself to the law-enforcement officer who responds to the report Uf the hazing;

andSuch Bperson 4.identifies himself to the law-enforcement officer who responds to the report Sf the hazing;

Theand evidenceT forof the prosecutionperson of an offense enumerated in this section was obtained as a result assistance.on seeking or obtaining emergency medical attention or rendering emergency care ororas Sa D.result assistance.

TheI president: or other presiding official of any school or institution of higher education receiving 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.

The36 institution'sD. 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 educationeducatioT receiving 37 appropriations from the state treasury shallshall, reportupon hazingsatisfactory whichproof causesof bodily injury to the attorneyguilt forof theany Commonwealthstudent ofhazing the38 countyanother orstudent, citysanction inand whichdiscipline such schoolstudent orin institutionaccordance Efwith higherthe educationinstitution's is,policies whoand shall39 takeprocedures. such action as he deems appropriate.

E.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 attorneypresident foror theother Commonwealthpresiding mayofficial fileof aany petitionschool for mandamus or injunction, supported by institution of higher education receiving appropriations from the state treasury seekingshall report hazing which causes bodily injury to enforcethe attorney for the provisionsCommonwealth of subsectionthe Dcounty ifor city in which such presidentschool or otherinstitution presidingof officialhigher failseducation tois, performwho hisshall dutiestake assuch requiredaction byas subsectionhe D.deems appropriate.

Venueor forsafety suchof petitiona shallstudent beor students or to inflict bodily injury on a student or students in theconnection circuitwith courtor offor the countypurpose of initiation, admission into or cityaffiliation wherewith theor schoolas a condition for continued membership in a club, organization, association, fraternity, sorority, or institutionstudent body regardleSs of higherwhether educationthe isstudent located.or students so endangered or injured participated voluntarily in the relevant activity.

If2. 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.

ForThat altythe secondprovisions orof subsequentthis violation,act suchmay civilresult penaltyin shalla benet notincrease lessin thanperiods $2,000of norimprisonment moreor than0 $5,000.commitment.

F.Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the H correctional facilities;

Fortherefore, theChapter purposes552 of this section, "hazing" means to recklessly or intentionally endanger the healthActs orof safetyAssembly of a2021, studentSpecial orSession studentsI, orrequires to inflict bodily injury on a student or students in connection with or for the purposeVirginia ofCriminal initiation,Sentencing admissionCommission intoto orassign affiliation with or as a conditionminimum forfiscal continuedimpact membership in a club, organization, association, fraternity, sorority, or student body regardless of SB440S1$50,000. 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.