HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 27

55th legislature - STATE OF NEW MEXICO - first session, 2021

 

 

 

 

 

 

 

AN ACT

RELATING TO HAZING; CREATING THE CRIMES OF HAZING AND AGGRAVATED HAZING; PROVIDING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] HAZING--AGGRAVATED HAZING--PENALTIES.--

          A. Hazing consists of an unlawful act, intentionally or recklessly committed against a student or a prospective student of a public or private post-secondary educational institution:

                (1) in connection with initiation into, affiliation with, holding office in or maintaining membership in any student organization, student body or private athletic club, regardless of whether the organization, body or club is officially recognized, sanctioned or authorized by an educational institution;

                (2) when such act intentionally or recklessly endangers the physical health of, ridicules or humiliates the student or prospective student; and

                (3) when the conduct creates a substantial risk of physical or mental injury to the student or prospective student.

          B. A person who commits hazing is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978.

          C. Aggravated hazing consists of an unlawful act, intentionally committed against a person who is a student or prospective student of a public or private post-secondary educational institution:

                (1) in connection with initiation into, affiliation with, holding office in or maintaining membership in any student organization, student body or private athletic club, regardless of whether the organization, body or club is officially recognized, sanctioned or authorized by an educational institution;

                (2) when such act is intended to endanger the physical health of, ridicule or humiliate the student or prospective student; and

                (3) when such act causes painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body of the student or prospective student or causes mental injury to the student or prospective student.

          D. A person who commits aggravated hazing is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978.

          E. Hazing shall not include any activity or conduct that furthers legitimate curricular, extracurricular or military training program goals; provided that the goals are approved by the educational institution and the activity or conduct furthers the goals in a manner that is appropriate, contemplated by the educational institution and normal and customary for similar programs at other educational institutions.

          F. It is not a defense in an action under this section that the person against whom the hazing was directed consented to or acquiesced in the hazing activity."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.

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