NY State Senate Bill 2015-S1591

Senate Bill S1591

2015-2016 Legislative Session

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

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 13, 2015	referred to codes

2015-S1591 (ACTIVE) - Details

See Assembly Version of this Bill:: A1892
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.16 & 120.17, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6337, A8426
2017-2018: S2755, A5200

2015-S1591 (ACTIVE) - Summary

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

2015-S1591 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1591

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:

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 PROVISIONS:

Section 1. 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 a 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 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:

2014 S.6337A/A.8426A.

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1591 (ACTIVE) - Bill Text download pdf

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

    S. 1591                                                  A. 1892

                       2015-2016 Regular Sessions

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

                            January 13, 2015
                               ___________

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, 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

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.

                                                           LBD03279-01-5

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