NY State Senate Bill 2013-S6337A

Senate Bill S6337A

2013-2014 Legislative Session

Relates to prohibiting physical contact or activity in any organization's initiating ceremony

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 24, 2014	print number 6337a
Apr 24, 2014	amend and recommit to codes
Jan 15, 2014	referred to codes

Bill Amendments

Original

A (Active)

2013-S6337 - Details

See Assembly Version of this Bill:: A8426
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.16 & 120.17, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1591, A1892
2017-2018: S2755, A5200

2013-S6337 - Summary

Prohibits physical contact or activity in any organization's initiating ceremony.

2013-S6337 - Sponsor Memo

                                BILL NUMBER:S6337

TITLE OF BILL:  An act to amend the penal law, in relation to
prohibiting physical contact or activity in any organization's
initiating ceremony

PURPOSE OF BILL:

The purpose of this bill is to address the issues of hazing and
reckless conduct that causes physical harm to students during the
initiation or affiliation ceremonies of fraternities and other student
organizations.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends 120.16 of the penal law, expanding rules
regarding the prohibition against hazing to include a person is guilty
of hazing in the first degree when in the course of another person's
initiation into or affiliation with any organization when such person
engages in intentionally or recklessly conduct. This includes engaging
physical contact ox requiring physical activity during the initiation
or affiliation ceremonies, which creates a substantial risk of
physical injury to such other person or a third person and thereby
causes such injury.

JUSTIFICATION:

On December 8, 2013, Chen "Michael" Deng, a 19 year old college
student attending Baruch College, died as the result of hazing ritual
known as "glass ceiling," in which he suffered a massive head injury
after he was blindfolded and forced to lug a knapsack loaded with 20
pounds of sand as fraternity members repeatedly took him down.

Although New York State currently has several laws in place to
prohibit hazing, these incidents have not decreased. During the
initiation or affiliation ceremonies of fraternities, students
continue to be placed in a situation in which their own safety is
jeopardized.

This bill would prevent the deaths or serious injuries of students by
prohibiting all physical conduct and physical activities required from
the fraternities during the pledging ceremonies. Under this
legislation, those who engage in the reckless activities of hazing
would be guilty of hazing in the first degree.

Hazing incidents occurring on and off New York State Campuses are
intolerable and preventable. If implemented, this legislation would
provide the necessary safety measures to deter harmful behavior and
help ensure that all of the students attending New York State
institutions are protected from the substantial risks caused by
hazing.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

EFFECTIVE DATE:

This act shall take effect immediately,

2013-S6337 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6337                                                  A. 8426

                      S E N A T E - A S S E M B L Y

                            January 15, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

IN  ASSEMBLY  -- Introduced by M. of A. WEPRIN -- read once and referred
  to the Committee on Codes

AN ACT to amend the penal  law,  in  relation  to  prohibiting  physical
  contact or activity in any organization's initiating ceremony

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The first undesignated paragraph of section 120.16  of  the
penal  law,  as amended by chapter 86 of the laws of 1988, is amended to
read as follows:
  A person is guilty of hazing in the first degree when, in  the  course
of  another  person's  initiation into or affiliation with any organiza-
tion, he intentionally  or  recklessly  engages  in  conduct,  INCLUDING
MAKING  PHYSICAL  CONTACT  WITH  OR  REQUIRING PHYSICAL ACTIVITY OF SUCH
OTHER PERSON, which creates a substantial risk  of  physical  injury  to
such other person or a third person and thereby causes such injury.
  S  2.  The first undesignated paragraph of section 120.17 of the penal
law, as added by chapter 86 of the laws of 1988, is amended to  read  as
follows:
  A  person is guilty of hazing in the second degree when, in the course
of another person's initiation or affiliation with any organization,  he
intentionally  or  recklessly engages in conduct, INCLUDING MAKING PHYS-
ICAL CONTACT WITH OR REQUIRING PHYSICAL ACTIVITY OF SUCH  OTHER  PERSON,
which creates a substantial risk of physical injury to such other person
or a third person.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13331-01-3

2013-S6337A (ACTIVE) - Details

See Assembly Version of this Bill:: A8426
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.16 & 120.17, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1591, A1892
2017-2018: S2755, A5200

2013-S6337A (ACTIVE) - Summary

Prohibits physical contact or activity in any organization's initiating ceremony.

2013-S6337A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6337A

TITLE OF BILL:  An act to amend the penal law, in relation to
prohibiting physical contact or activity in any organization's
initiating ceremony

PURPOSE OF BILL:

The purpose of this bill is to address the issues of hazing and
reckless conduct that causes physical harm to students during the
initiation or affiliation ceremonies of fraternities and other student
organizations.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends 120.16 of the penal law, expanding rules
regarding the prohibition against hazing to include a person is guilty
of hazing in the first degree when in the course of another person's
initiation into or affiliation with any organization when such person
engages in intentionally or recklessly conduct. This includes engaging
physical contact or requiring physical activity during the initiation
or affiliation ceremonies, which creates a substantial risk of
physical injury to such other person or a third person and thereby
causes such injury.

JUSTIFICATION:

On December 8, 2013, Chen "Michael" Deng, a 19 year old college
student attending Baruch College, died as the result of hazing ritual
known as -glass ceiling," in which he suffered a massive head injury
after he was blindfolded and forced to lug a knapsack loaded with 20
pounds of sand as fraternity members repeatedly took him down.

Although New York State currently has several laws in place to
prohibit hazing, these incidents have not decreased. During the
initiation or affiliation ceremonies of fraternities, students
continue to be placed in a situation in which their own safety is
jeopardized.

This bill would prevent the deaths or serious injuries of students by
prohibiting all physical conduct and physical activities required from
the fraternities during the pledging ceremonies. Under this
legislation, those who engage in the reckless activities of hazing
would be guilty of hazing in the first degree.

Hazing incidents occurring on and off New York State Campuses are
intolerable and preventable. If implemented, this legislation would
provide the necessary safety measures to deter harmful behavior and
help ensure that all of the students attending New York State
institutions are protected from the substantial risks caused by
hazing.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S6337A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6337--A                                            A. 8426--A

                      S E N A T E - A S S E M B L Y

                            January 15, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. WEPRIN, CRESPO, RYAN, MONTESANO,
  COLTON, ARROYO, MILLER, ROBINSON, STECK,  TEDISCO,  McDONOUGH,  GALEF,
  HOOPER,  COOK  --  Multi-Sponsored  by  --  M.  of A. CERETTO, DUPREY,
  GIGLIO, MARKEY, PERRY -- read once and referred to  the  Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal  law,  in  relation  to  prohibiting  physical
  contact or activity in any organization's initiating ceremony

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The first undesignated paragraph of section 120.16  of  the
penal  law,  as amended by chapter 86 of the laws of 1988, is amended to
read as follows:
  A person is guilty of hazing in the first degree when, in  the  course
of  another  person's  initiation into or affiliation with any organiza-
tion, he intentionally or recklessly engages in conduct, INCLUDING,  BUT
NOT  LIMITED  TO,  MAKING  PHYSICAL  CONTACT  WITH OR REQUIRING PHYSICAL
ACTIVITY OF SUCH OTHER PERSON, which creates a substantial risk of phys-
ical injury to such other person or a third person  and  thereby  causes
such injury.
  S  2.  The first undesignated paragraph of section 120.17 of the penal
law, as added by chapter 86 of the laws of 1988, is amended to  read  as
follows:
  A  person is guilty of hazing in the second degree when, in the course
of another person's initiation or affiliation with any organization,  he
intentionally  or  recklessly  engages  in  conduct,  INCLUDING, BUT NOT
LIMITED TO, MAKING PHYSICAL CONTACT WITH OR REQUIRING PHYSICAL  ACTIVITY
OF SUCH OTHER PERSON, which creates a substantial risk of physical inju-
ry to such other person or a third person.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13331-02-4

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