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A07316
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1090
Session of
2018
INTRODUCED BY CORMAN, GORDNER, LANGERHOLC, YAW, MENSCH,
SABATINA, BAKER, BLAKE, RESCHENTHALER, SCAVELLO, KILLION,
MARTIN, RAFFERTY, BARTOLOTTA, REGAN, TOMLINSON, SCHWANK,
VOGEL, YUDICHAK, BREWSTER, HUGHES, FOLMER, COSTA AND
VULAKOVICH, MARCH 23, 2018
AS AMENDED ON THIRD CONSIDERATION, APRIL 17, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in offenses involving danger to the person,
providing for antihazing and prescribing penalties; in
minors, further providing for purchase, consumption,
possession or transportation of liquor or malt or brewed
beverages and providing for safe harbor for violation of
section 6308(a); in forfeiture of assets, further providing
for asset forfeiture; and making a related repeal.
This act shall be referred to as the "Timothy J. Piazza
Antihazing Law."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 28
ANTIHAZING
Sec.
2801. Definitions.
2802. Hazing.
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2803. Aggravated hazing.
2804. Organizational hazing.
2805. Institutional hazing.
2806. Defenses prohibited.
2807. Forfeiture.
2808. Enforcement by institution and secondary school.
2809. Institutional reports.
2810. Safe harbor.
2811. Civil remedies.
§ 2801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"911 call." A transmission of information via a
telecommunications device to a public safety answering point for
the initial reporting of police, fire, medical or other
emergency situations.
"ALCOHOLIC LIQUID." A SUBSTANCE CONTAINING LIQUOR, SPIRIT,
WINE, BEER, MALT OR BREWED BEVERAGE OR ANY COMBINATION THEREOF.
"Bodily injury." The term has the same meaning as given to
that term in section 2301 (relating to definitions).
"Campus security officer." An employee of an institution of
higher education charged with maintaining the safety and
security of the property of the institution and the individuals
on the property.
"Drug." A controlled substance or drug as defined in the act
of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Emergency services personnel." Individuals, including a
trained volunteer or a member of the armed forces of the United
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States or the National Guard, whose official or assigned
responsibilities include performing or directly supporting the
performance of emergency medical and rescue services or
firefighting.
"Institution of higher education" or "institution." An
institution located within this Commonwealth authorized to grant
an associate or higher academic degree. A DEGREE-GRANTING
INSTITUTION AUTHORIZED TO OPERATE IN THIS COMMONWEALTH OR AN
INSTITUTION LICENSED BY THE STATE BOARD OF PRIVATE LICENSED
SCHOOLS. An institution located within this Commonwealth
authorized to grant an associate or higher academic degree.
"Law enforcement officer." An individual who, by virtue of
the individual's office or public employment, is vested by law
with a duty to maintain public order or to make arrests for
offenses, whether that duty extends to all offenses or is
limited to specific offenses, or an individual on active State
duty under 51 Pa.C.S. § 508 (relating to active duty for
emergency).
"Minor." An individual younger than 18 years of age.
"Organization." Any of the following:
(1) A fraternity, sorority, association, corporation,
order, society, corps, club or service, social or similar
group, whose members are primarily minors, students or alumni
of the organization , an institution or secondary school .
(2) A national or international organization with which
a fraternity or sorority or other organization as enumerated
under paragraph (1) is affiliated.
"Secondary school." A public or private school within this
Commonwealth that provides instruction in grades 7 through 12 or
a combination of grades 7 through 12.
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"Serious bodily injury." The term shall have the same
meaning as given to that term in section 2301.
"Student." An individual who attends or has applied to
attend or has been admitted to an institution or secondary
school.
§ 2802. Hazing.
(a) Offense defined.--A person commits the offense of hazing
if the person intentionally, knowingly or recklessly, for the
purpose of initiating, admitting or affiliating a minor or
student into or with an organization, or for the purpose of
continuing or enhancing a minor or student's membership or
status in an organization, causes , coerces or forces a minor or
student to do any of the following:
(1) Violate Federal or State criminal law.
(2) Consume any food, liquid, liquor ALCOHOLIC LIQUID ,
drug or other substance which subjects the MINOR OR student
to a risk of emotional or physical harm.
(3) Endure brutality of a physical nature, including
whipping, beating, branding, calisthenics or exposure to the
elements.
(4) Endure brutality of a mental nature, including
activity adversely affecting the mental health or dignity of
the individual, sleep deprivation, exclusion from social
contact or conduct that could result in extreme
embarrassment.
(5) Endure any other forced activity which could
adversely affect the health and safety of the individual.
(5) Endure brutality of a sexual nature.
(6) Endure any other activity that creates a reasonable
likelihood of bodily injury to the minor or student.
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(b) Grading.--
(1) Except as provided under paragraph (2), hazing is a
summary offense.
(2) Hazing shall be a misdemeanor of the third degree if
it results in or may result in creates a reasonable
likelihood of bodily injury to the minor or student.
(c) Limitation.--Hazing shall not include reasonable and
customary athletic , law enforcement or military training,
contests, competitions or events.
§ 2803. Aggravated hazing.
(a) Offense defined.--A person commits the offense of
aggravated hazing if the person commits a violation of section
2802 (relating to hazing) that results in serious bodily injury
or death to the minor or student . and:
(1) the person acts with reckless indifference to the
health and safety of the minor or student; or
(2) the person causes, coerces or forces the consumption
of an alcoholic liquid or drug by the minor or student.
(b) Grading.--Aggravated hazing shall be a felony of the
third degree.
§ 2804. Organizational hazing.
(a) Offense defined.--An organization commits the offense of
organizational hazing if the organization that intentionally,
knowingly or recklessly promotes or facilitates a violation of
section 2802 (relating to hazing) or 2803 (relating to
aggravated hazing) .
(b) Grading.-
(1) Organizational hazing shall be a misdemeanor of the
third degree if the organization intentionally, knowingly or
recklessly promotes or facilitates a violation of section
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2802.
(2) Organizational hazing shall be a felony of the third
degree if the organization intentionally, knowingly or
recklessly promotes or facilitates a violation of section
2803. commits the offense of organizational hazing and shall
be subject to any of the following penalties:
(1) A fine of not more than $5,000, for each violation
of section 2802.
(2) A fine of not more than $15,000, for each violation
of section 2803.
(c) (b) Penalties.--In addition to any other sentence
imposed, if an organization commits the offense of
organizational hazing, the organization shall be subject to such
other relief as the court deems equitable , including forfeiture
of assets as provided under this chapter .
§ 2805. Institutional hazing.
An institution which intentionally, knowingly or recklessly
promotes or facilitates a violation of section 2802 (relating to
hazing) or 2803 (relating to aggravated hazing) commits the
offense of institutional hazing and shall be subject to any of
the following penalties:
(1) A fine of not more than $5,000 for each violation of
section 2802.
(2) A fine of not more than $15,000 for each violation
of section 2803.
§ 2806. Defenses prohibited.
It shall not be a defense to any offense under this chapter
that any of the following apply:
(1) The consent of the minor or student was sought or
obtained.
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(2) The conduct was sanctioned or approved by the
institution, secondary school or organization.
§ 2807. Forfeiture.
Upon conviction of a defendant under section 2803 (relating
to aggravated hazing) or 2804 (relating to organizational
hazing) the court may, in addition to any other sentence
authorized under law, direct the defendant to forfeit property
which was involved in the violation for which the defendant was
convicted. The forfeiture shall be conducted in accordance with
42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805
(relating to forfeiture procedure), 5806 (relating to motion for
return of property), 5807 (relating to restrictions on use),
5807.1 (relating to prohibition on adoptive seizures) and 5808
(relating to exceptions).
§ 2808. Enforcement by institution and secondary school.
(a) Antihazing policy.--
(1) Each institution and each governing board of a
secondary school shall adopt a written policy against hazing
and, pursuant to that policy, shall adopt rules prohibiting
students or other persons associated with an organization
operating under the sanction of or recognized as an
organization by the institution or secondary school from
engaging in hazing or an offense under this chapter.
(2) Each institution and secondary school shall provide
a copy of the policy, including the institution's or
secondary school's rules, penalties and program of
enforcement to each organization within the institution or
secondary school. . Each secondary school shall ensure that
students are informed of the secondary school's policy,
including the secondary school's rules, penalties and program
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of enforcement.
(3) Each institution and secondary school shall post the
policy on the institution's or the secondary school's
publicly accessible Internet website.
(b) Enforcement and penalties.--
(1) Each institution and each governing board of a
secondary school shall provide a program for the enforcement
of the policy required under subsection (a) and shall adopt
appropriate penalties for violations of the policy to be
administered by the individual or agency at the institution
or secondary school responsible for the sanctioning or
recognition of the organizations covered by the policy.
(2) Penalties under paragraph (1) may include any of the
following:
(i) The imposition of fines.
(ii) The withholding of diplomas or transcripts
pending compliance with the rules or payment of fines.
(iii) The rescission of permission for the
organization to operate on campus or school property or
to otherwise operate under the sanction or recognition of
the institution or secondary school.
(iv) The imposition of probation, suspension,
dismissal or expulsion.
(3) A penalty imposed under this section shall be in
addition to a penalty imposed for violation of an offense
under this chapter or the criminal laws of this Commonwealth
or for violation of any other institutional or secondary
school rule to which the violator may be subject.
(4) A policy adopted under this section shall apply to
each act conducted on or off campus or school property if the
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acts are deemed to constitute hazing or any offense under
this chapter.
§ 2809. Institutional reports.
(a) Maintenance.-- Beginning with the 2018-2019 academic year
and each academic year thereafter, an An institution shall
maintain a report of all violations of the institution's
antihazing policy or Federal or State laws related to hazing
that are reported to campus authorities or local law enforcement
the institution .
(b) Contents.--The report shall include all of the
following:
(1) The name of the organization subject of the report .
(2) The date when the organization subject was charged
with misconduct a violation of the institution's antihazing
policy or Federal or State laws related to hazing .
(3) The dates on which the institution issued any
citations.
(4) The date the institution initiated the institution's
investigation.
(5) (3) A general description of the incident, the
findings and, if applicable, sanctions and charges.
violation, any investigation and findings by the institution
and, if applicable, penalties.
(6) (4) The date on which the matter was resolved.
(7) Additional information related to findings, if
available.
(c) Initial report.-- This section shall apply beginning with
the 2018-2019 academic year. The initial report shall include
information concerning violations that have been reported to
campus authorities or local law enforcement the institution for
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the five consecutive years prior to the effective date of this
section to the extent the institution has retained information
concerning the violations.
(d) Personal identifying information.--The report shall not
include the personal identifying information of an individual.
(e) Time.--An institution shall post an initial report
required under this section on its publicly accessible Internet
website by January 15, 2019.
(f) Update.--An institution shall update the report
biannually on January 1 and August 1 and shall post the updated
report on its publicly accessible Internet website.
(g) Duration.--An institution shall retain reports for five
years.
§ 2810. Safe harbor.
(a) Individual Immunity for the individual seeking medical
attention for another.--An individual shall not be prosecuted
for an offense under this chapter or section 6308(a) (relating
to purchase, consumption, possession or transportation of liquor
or malt or brewed beverages) if the individual can establish all
of the following:
(1) A law enforcement officer first became aware of the
individual's violation of this chapter or section 6308(a)
because the individual placed a 911 call or contacted campus
security, police or emergency services, based on a reasonable
belief that another individual was in need of immediate
medical attention to prevent death or serious bodily injury.
(2) The individual reasonably believed the individual
was the first individual to make a 911 call or contact campus
security, police or emergency services and report that an
individual needed immediate medical attention to prevent
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death or serious bodily injury.
(3) The individual provided the individual's own name to
the 911 operator or equivalent campus security officer,
police or emergency services personnel.
(4) The individual remained with the individual needing
medical assistance until a campus security officer, police or
emergency services personnel arrived and the need for the
individual's presence had ended.
(b) Individual Derivative immunity for the individual
needing medical attention.--An individual needing medical
attention may not be prosecuted shall be immune under this
section from prosecution for an offense under this chapter or
section 6308(a) (relating to purchase, consumption, possession
or transportation of liquor or malt or brewed beverages) only if
another individual against whom probable cause exists to charge
an offense under this chapter or section 6308(a) reported the
incident and remained with the individual needing medical
attention and the other individual qualifies for a safe harbor
under this section.
(c) Limitations.--The safe harbors described under this
section shall be limited as follows:
(1) This section may not bar prosecuting a person for an
offense under this chapter if a law enforcement officer
learns of the offense prior to and independent of the action
of seeking or obtaining emergency assistance as described in
subsection (a).
(1) (2) This section shall not interfere with or prevent
the investigation, arrest, charging or prosecution of an
individual for a crime other than an offense under this
chapter or section 6308(a).
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(2) (3) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
for a crime other than an offense under this chapter or
section 6308(a).
(3) (4) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
of a crime with regard to another defendant who does not
independently qualify for a safe harbor under this section.
(d) Civil immunity.--In addition to any other applicable
immunity or limitation on civil liability, a law enforcement
officer, campus security officer or prosecuting attorney who
acting in good faith, charges a person who is thereafter
determined to be entitled to immunity under this section shall
not be subject to civil liability for the filing of the charges.
§ 2811. Civil remedies.
Nothing in this chapter precludes a civil remedy otherwise
provided by law.
Section 2. Section 6308(f) of Title 18 is repealed:
§ 6308. Purchase, consumption, possession or transportation of
liquor or malt or brewed beverages.
* * *
[(f) Exception for person seeking medical attention for
another.--A person shall be immune from prosecution for
consumption or possession under subsection (a) if he can
establish the following:
(1) The only way law enforcement officers became aware
of the person's violation of subsection (a) is because the
person placed a 911 call, or a call to campus safety, police
or emergency services, in good faith, based on a reasonable
belief and reported that another person was in need of
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immediate medical attention to prevent death or serious
injury.
(2) The person reasonably believed he was the first
person to make a 911 call or a call to campus safety, police
or emergency services, and report that a person needed
immediate medical attention to prevent death or serious
injury.
(3) The person provided his own name to the 911 operator
or equivalent campus safety, police or emergency officer.
(4) The person remained with the person needing medical
assistance until emergency health care providers arrived and
the need for his presence had ended.]
Section 3. Title 18 is amended by adding a section to read:
§ 6308.1. Safe harbor for violation of section 6308(a).
(a) Immunity for the individual seeking medical attention
for another.--An individual shall not be prosecuted for an
offense under section 6308(a) (relating to purchase,
consumption, possession or transportation of liquor or malt or
brewed beverages) if the individual can establish all of the
following:
(1) A law enforcement officer first became aware of the
individual's violation of section 6308(a) because the
individual placed a 911 call or contacted campus security,
police or emergency services, based on a reasonable belief
that another individual was in need of immediate medical
attention to prevent death or serious bodily injury.
(2) The individual reasonably believed the individual
was the first individual to make a 911 call or contact campus
security, police or emergency services and report that the
other individual needed immediate medical attention to
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prevent death or serious bodily injury.
(3) The individual provided the individual's own name to
the 911 operator or equivalent campus security officer,
police or emergency services personnel.
(4) The individual remained with the other individual
needing medical assistance until a campus security officer,
police or emergency services personnel arrived and the need
for the individual's presence ended.
(b) Immunity for the individual needing medical attention.--
An individual needing medical attention shall be immune under
this section from prosecution for an offense under section
6308(a) if another individual reported the incident and remained
with the individual needing medical attention and is entitled to
immunity under this section.
(c) Limitations.--The immunity described under this section
shall be limited as follows:
(1) This section may not bar prosecuting a person for an
offense under section 6308(a) if a law enforcement officer
learns of the offense prior to and independent of the action
of seeking or obtaining emergency assistance as described in
subsection (a).
(2) This section shall not interfere with or prevent the
investigation, arrest, charging or prosecution of an
individual for a crime other than an offense under section
6308(a).
(3) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
for a crime other than an offense under section 6308(a).
(4) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
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of a crime with regard to another defendant who does not
independently qualify for immunity under this section.
(d) Good faith immunity.--In addition to any other
applicable immunity or limitation on civil liability, a law
enforcement officer, campus security officer or prosecuting
attorney who, acting in good faith, charges a person who is
thereafter determined to be entitled to immunity under this
section shall not be subject to civil liability for the filing
of the charges.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"911 system." A system, including enhanced 911 service and a
wireless e-911 system, that permits a person dialing 911 by
telephone to be connected to a public safety answering point,
via normal telephone facilities, for the reporting of police,
fire, medical or other emergency situations.
"Campus security officer." An employee of an institution of
higher education charged with maintaining the safety and
security of the property of the institution and persons on the
property.
"Emergency services personnel." Individuals, including a
trained volunteer or a member of the armed forces of the United
States or the National Guard, whose official or assigned
responsibilities include performing or directly supporting the
performance of emergency medical and rescue services or
firefighting.
"Law enforcement officer." A person who by virtue of the
person's office or public employment is vested by law with a
duty to maintain public order or to make arrests for offenses,
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whether that duty extends to all offenses or is limited to
specific offenses, or a person on active State duty under 51
Pa.C.S. § 508 (relating to active duty for emergency).
Section 2 4. Section 5803(a) of Title 42 is amended by
adding a paragraph to read:
§ 5803. Asset forfeiture.
(a) Applicability.--Notwithstanding any law to the contrary,
this section shall apply to forfeitures conducted under the
following:
* * *
(3.1) 18 Pa.C.S. § 2803 2804 (relating to aggravated
ORGANIZATIONAL hazing) 2807 (relating to forfeiture) .
* * *
Section 3 5. Repeals are as follows:
(1) The General Assembly finds that the repeal under
paragraph (2) is necessary to effectuate the addition of 18
Pa.C.S. Ch. 28.
(2) The act of December 15, 1986 (P.L.1595, No.175),
known as the Antihazing Law, is repealed.
Section 4 6. The addition of 18 Pa.C.S. Ch. 28 is a
continuation of the act of December 15, 1986 (P.L.1595, No.175),
known as the Antihazing Law. Except as otherwise provided in 18
Pa.C.S. Ch. 28, all activities and duties initiated under the
Antihazing Law shall continue and remain in full force and
effect and may be completed under 18 Pa.C.S. Ch. 28. Orders,
regulations, rules and decisions which were made under the
Antihazing Law and which are in effect on the effective date of
this section shall remain in full force and effect until
revoked, vacated or modified under 18 Pa.C.S. Ch. 28.
Prosecutions and policies entered into under the Antihazing Law
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are not affected nor impaired by the repeal of the Antihazing
Law.
Section 5 7. The addition of 18 Pa.C.S. Ch. 28 and 42
Pa.C.S. § 5803(a)(3.1) shall apply to causes of action which
accrue on or after the effective date of this section.
Section 8. This amendatory act shall be referred to as the
"Timothy J. Piazza Antihazing Law."
Section 6 9. This act shall take effect in 30 days.
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