HB 2322 — hazing; hazing paraphernalia; offense

HouseSenate Engrossed House Bill hazing;

offense State(now: of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HOUSE BILL 2322 AN ACT AMENDING TITLE 13, CHAPTER 12, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-1215 AND 13-1216;

hazing;

classification;

offense) State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session CHAPTER 202 HOUSE BILL 2322 AN ACT AMENDING TITLE 13, CHAPTER 12, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-1215 AND 13-1216;

A PERSON COMMITS HAZING BY INTENTIONALLY, KNOWINGLY OR RECKLESSLY, FOR THE PURPOSE OF PRE-INITIATION ACTIVITIES, PLEDGING, INITIATING, HOLDING OFFICE, ADMITTING OR AFFILIATING A MINOR OR STUDENT INTO OR WITH AN ORGANIZATION OR FOR THE PURPOSE OF CONTINUING, REINSTATING OR ENHANCING A MINOR'S OR STUDENT'S MEMBERSHIP OR STATUS IN AN ORGANIZATION, CAUSES, COERCES OR FORCES A MINOR OR STUDENT TO DOENGAGE IN OR ENDURE ANY OF THE FOLLOWING:

VIOLATESEXUAL AHUMILIATION FEDERALOR BRUTALITY, INCLUDING FORCED NUDITY OR STATEAN CRIMINALACT LAW.OF SEXUAL PENETRATION, OR BOTH.

CONSUMECONDUCT ANYOR FOOD,CONDITIONS, NONALCOHOLICINCLUDING LIQUID,PHYSICAL ALCOHOLICOR LIQUID,PSYCHOLOGICAL DRUGTACTICS, THAT ARE REASONABLY CALCULATED TO CAUSE SEVERE MENTAL DISTRESS TO THE MINOR OR OTHERSTUDENT, SUBSTANCEINCLUDING ACTIVITIES THAT SUBJECTSARE REASONABLY CALCULATED TO CAUSE THE MINOR OR STUDENT TO AHARM RISKTHEMSELVES OF EMOTIONAL OR PHYSICALOTHERS. HARM.

ENDURETHE PHYSICALCONSUMPTION BRUTALITY,OF INCLUDINGANY WHIPPING,FOOD, BEATING,NONALCOHOLIC PADDLING,LIQUID, STRIKING,ALCOHOLIC BRANDING,LIQUID, ELECTRICDRUG SHOCKING,OR PLACINGOTHER HARMFULSUBSTANCE SUBSTANCESTHAT ONPOSES THEA BODY,SUBSTANTIAL CALISTHENICSRISK OROF EXPOSUREDEATH, TOPHYSICAL THEINJURY ELEMENTS.OR EMOTIONAL HARM.

ENDURE MENTAL BRUTALITY, INCLUDING AN ACT THAT ADVERSELY AFFECTS THE MENTAL HEALTH OR DIGNITY OF THERESTRAINT, MINOR OR STUDENT, SLEEP DEPRIVATION, CONFINEMENT IN A SMALL SPACE,SPACE EXCLUSION FROM SOCIAL CONTACT OR CONDUCTSIGNIFICANT THATSLEEP COULDDEPRIVATION. RESULT IN EXTREME EMBARRASSMENT.

ENDURECONDUCT SEXUALOR HUMILIATIONCONDITIONS THAT VIOLATE A FEDERAL OR BRUTALITY,STATE INCLUDINGCRIMINAL FORCEDLAW NUDITYAND ORTHAT ANPOSE ACTA OFSUBSTANTIAL SEXUALRISK PENETRATION,OF DEATH OR BOTH.PHYSICAL INJURY.

ENDUREPHYSICAL BRUTALITY OR ANY OTHER ACTIVITYCONDUCT OR CONDITIONS THAT CREATESPOSE A REASONABLESUBSTANTIAL LIKELIHOODRISK THATOF DEATH OR PHYSICAL INJURY, INCLUDING WHIPPING, BEATING, PADDLING, BRANDING, ELECTRIC SHOCKING, PLACING HARMFUL SUBSTANCES ON THE MINORBODY, EXCESSIVE EXERCISE OR STUDENTCALISTHENICS WILLOR BEUNHEALTHY PHYSICALLYEXPOSURE INJURED.TO THE ELEMENTS.

A PERSON MAY NOT BE CHARGED WITH OR PROSECUTED FOR HAZING, FOR POSSESSING OR USING HAZING PARAPHERNALIA OR FOR A PREPARATORYCRIME OFFENSEARISING OUT OF HAZING IF THE EVIDENCE FOR THE VIOLATION WAS GAINED SOLELY AS A RESULT OF EITHER OF THE FOLLOWING:

THE PERSON, INPROMPTLY GOOD FAITH AND IN AGOOD TIMELYFAITH, MANNER, REPORTED THE MEDICAL EVENT CAUSED BY THE HAZING TO A LAW ENFORCEMENT OFFICER, 911 OR E911 SERVICE, CAMPUS SECURITY OFFICER OR EMERGENCY SERVICES PERSONNEL AND THE PERSON REASONABLY BELIEVED THAT THE MINOR OR STUDENT NEEDED IMMEDIATE MEDICAL ATTENTION THAT WAS NECESSARY TO PREVENT THE DEATH OF OR SERIOUS PHYSICAL INJURY TO THE MINOR OR STUDENT.

(a) IF PHYSICALLY CAPABLE, THE PERSON PROVIDED THE PERSON'S NAME AND THE LOCATION OF THE MINOR OR STUDENT WHO WAS IN NEED OF MEDICAL ATTENTION.

2322 (b)(a) IF PHYSICALLY CAPABLE, THE PERSON REMAINEDPROVIDED WITH THE MINORPERSON'S ORNAME STUDENTAND UNTILTHE ALOCATION LAWOF ENFORCEMENTTHE OFFICER,MINOR CAMPUSOR SECURITYSTUDENT OFFICERWHO ORWAS EMERGENCYIN SERVICESNEED PERSONNELOF ARRIVED.MEDICAL ATTENTION.

(b) THE PERSON REMAINED WITH THE MINOR OR STUDENT UNTIL A LAW ENFORCEMENT OFFICER, CAMPUS SECURITY OFFICER OR EMERGENCY SERVICES PERSONNEL ARRIVED.

3.

INTENTIONALLY OR KNOWINGLY DOES OR OMITS TO DO ANYTHING THAT, UNDER THE CIRCUMSTANCES AS THE PERSON BELIEVES THEM TO BE, IS ANY STEP IN A COURSE OF CONDUCT PLANNED TO CULMINATE IN COMMITTING HAZING.

2322 4.3.

INTENTIONALLY OR KNOWINGLY DOES ANYTHING THAT, UNDER THE CIRCUMSTANCES AS THE PERSON BELIEVES THEM TO BE, IS ANY STEP IN A COURSE OF CONDUCT PLANNED TO CULMINATE IN COMMITTING HAZING.

4.

A PERSON MAY NOT BE CHARGED WITH OR PROSECUTED FOR A VIOLATION OF THIS SECTION IF THE PERSON, IN WRITING, TRANSMITS TO THE OTHERS INVOLVED IN THE HAZING OR HAZING PLANNING OR ORGANIZING A COMPLETE AND VOLUNTARY RENUNCIATION OF THE PERSON'S CRIMINAL INTENT OR TAKES ACTIVE STEPS TO THWART THE PLANNED HAZING FROM OCCURRING.

C.

10.- 3 - H.B.

2322 10.

-B. 3 - H.B.

2322 B.

4.- 4 - H.B.

2322 4.

-APPROVED 4BY -THE GOVERNOR APRIL 29, 2022.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 29, 2022.

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