A06858
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 AND REGAN, MARCH 23, 2018
REFERRED TO JUDICIARY, MARCH 23, 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
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.
2803. Aggravated hazing.
2804. Organizational hazing.
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2805. Institutional hazing.
2806. Defenses prohibited.
2807. Forfeiture.
2808. Enforcement by institution and secondary school.
2809. Institutional reports.
2810. Safe harbor.
§ 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.
"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.
"Institution of higher education" or "institution." An
institution located within this Commonwealth authorized to grant
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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.
"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 students or alumni of the
organization.
(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.
"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
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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 a minor or student to do any
of the following:
(1) Violate Federal or State 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.
(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 bodily injury to the minor or
student.
(c) Limitation.--Hazing shall not include reasonable and
customary athletic or military training, contests, competitions
or events.
§ 2803. Aggravated hazing.
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(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.
(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 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
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.
(c) 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) shall be subject
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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.
(2) The conduct was sanctioned or approved by the
institution, secondary school or organization.
§ 2807. Forfeiture.
Upon conviction of a defendant under section 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
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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.
(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
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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
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 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.
(b) Contents.--The report shall include all of the
following:
(1) The name of the organization.
(2) The date when the organization was charged with
misconduct.
(3) The dates on which the institution issued any
citations.
(4) The date the institution initiated the institution's
investigation.
(5) A general description of the incident, the findings
and, if applicable, sanctions and charges.
(6) The date on which the matter was resolved.
(7) Additional information related to findings, if
available.
(c) Initial report.--The initial report shall include
information concerning violations that have been reported to
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campus authorities or local law enforcement for 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 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 reasonable
belief 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 needing medical attention.--An individual
needing medical attention may not be prosecuted for an offense
under this chapter or section 6308(a) 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 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).
(2) 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) 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.
Section 2. Section 5803(a) of Title 42 is amended by adding
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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).
* * *
Section 3. 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. 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 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 are not affected nor impaired by the
repeal of the Antihazing Law.
Section 5. 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.
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Section 6. This act shall take effect in 30 days.
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