ASSEMBLY, No STATE OF NEW JERSEY. 210th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2002 SESSION

Transcription

1 ASSEMBLY, No. STATE OF NEW JERSEY 0th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 00 SESSION Sponsored by: Assemblyman STEVE CORODEMUS District (Monmouth) Assemblyman CRAIG A. STANLEY District (Essex) Co-Sponsored by: Assemblyman Rooney and Assemblywoman Vandervalk SYNOPSIS Revises the law concerning hazing; upgrades criminal penalties, provides certain immunities, creates civil offense and requires written policies. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. (Sponsorship Updated As Of: //00)

2 A CORODEMUS, STANLEY AN ACT concerning hazing and amending P.L.0, c. and supplementing Title A and Title A of the New Jersey Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. Section of P.L.0, c. (C.C:0-) is amended to read as follows:. Hazing a. () A person is guilty of hazing, a [disorderly persons offense] crime of the fourth degree, if, in connection with initiation of applicants to or members of a student [or fraternal] organization, he knowingly or recklessly organizes, promotes, facilitates or engages in any conduct, other than competitive athletic events under the direction of authorized personnel for the purposes associated with team or individual sports, which places or may place another person in danger of bodily injury or which may adversely affect another person's mental health or dignity. b. A person is guilty of aggravated hazing, a crime of the [fourth] third degree, if he commits an act prohibited in subsection a. which results in serious bodily injury to another person. c. A person commits a disorderly persons offense if the person knowingly fails to report the planning of a specific hazing incident or knowingly fails to report that a specific hazing incident has occurred to appropriate officials within an educational institution. d. As used in this section: "Educational institution" means a public or nonpublic elementary or secondary school or a public or independent institution of higher education. "Student organization" means any fraternity, sorority, association, corporation, order, society, corps, club, team, gang or service, social, athletic, or similar group, whose members are primarily students or intend to be students. "Hazing" includes, but is not limited to, the following conduct: () Any type of brutality of a physical nature, such as whipping, beating, striking, slapping, punching, branding or permanently marking, electronically shocking, altering any part of one's person, placing harmful or foreign substances in or on one's body or similar conduct; () Any type of physical activity that subjects a person to an unreasonable risk of harm or that adversely affects the mental or physical health, welfare or safety of the person such as sleep deprivation, exposure to elements, confinement in a small space, forced calisthenics or other similar conduct; EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter.

3 A CORODEMUS, STANLEY () Any activity involving the consumption of food, liquids, alcoholic beverages, controlled dangerous substances, drugs, tobacco products or other substances that may subject the person to an unreasonable risk of harm or that adversely affect the mental or physical health, welfare or safety of the person; () Any conduct that intimidates or threatens a person with ostracism, exclusion from social contact or extreme embarrassment, or that subjects the person to extreme mental stress, shame or humiliation, or that adversely affects the mental health or dignity of the person or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave a student organization or an educational institution rather than submit to the conduct; () Any act of sexual penetration or sexual contact as defined in N.J.S.C:- or the simulation of such an act, to be completed in front of another person, either in person or to be photographed, filmed, reproduced or reconstructed in any manner ; or () Any activity that induces, causes or requires the student to perform conduct that involves a violation of the criminal laws of any state. (cf: P.L.0, c., s.). (New section) Any person reporting the planning or occurrence of a specific hazing incident to appropriate officials within an educational institution pursuant to subsection c. of section of P.L.0, c. (C.C:0-) or who testifies in any administrative or judicial proceeding arising from such report or testimony shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of the report or testimony, unless such person acted in bad faith or with malicious purpose.. (New section) Any physician who treats a student who may have been subjected to hazing as prohibited pursuant to section of P.L.0, c. (C.C:0-) and reports the suspected hazing to an educational institution or law enforcement officials shall have immunity from any liability, civil or criminal, that might otherwise be imposed or incurred as a result of the report, unless the physician acted in bad faith or with malicious purpose.. (New section) a. Any person who engages in conduct that constitutes hazing as prohibited pursuant to section of P.L.0, c. (C.C:0-) commits a civil offense. b. Any person who sustains injury to person or property as a result of a violation of subsection a. shall have a cause of action against the person or person who committed the civil offense resulting in the injury. In the case of a homicide committed in violation of subsection

4 A CORODEMUS, STANLEY a. the estate of the deceased shall have a cause of action. Nothing in this subsection shall be construed to prevent the parent or legal guardian of a person who has sustained injury as a result of a violation of subsection a. from initiating a civil action on behalf of a minor child or ward. c. Upon proof, by a preponderance of the evidence, of a defendant's violation of subsection a. of this section and of resulting damages, the defendant shall be liable as follows: () To the person or persons injured, for an award in the amount of damages incurred as a result of the commission of the civil offense, including damages for any emotional distress suffered as a result of the civil offense, such punitive damages as may be assessed, and any reasonable attorney's fees and costs of suit incurred; () Such injunctive relief as the court may deem necessary to avoid the defendant's continued violation of subsection a.; and () Any additional appropriate equitable relief, including restraints to avoid repeated violation. d. The provisions of this section are intended to provide remedies independent of and in addition to those that may apply under the provisions of the "New Jersey Code of Criminal Justice." The civil actions authorized by this section are available whether or not the conduct has been prosecuted as an offense under the provisions of Title C of the New Jersey Statutes and whether or not any such prosecution has resulted in a conviction. e. In the event that the prosecution of the alleged hazing in violation of section of P.L.0, c. (C.C:0-) shall not have been brought to conclusion prior to the start of a civil action for damages pursuant to this section, the civil action for damages shall be stayed pending the final disposition of the criminal matter. For the purposes of this section, the final disposition of the criminal matter shall mean the point at which the judgment of conviction is entered against one who is arrested for a criminal offense.. (New section) Each public and independent institution of higher education shall adopt written policies on informing its students, administrators, coaches, faculty, staff and volunteers of the provisions of P.L.0, c. (C.C:0- et seq.) and P.L.,c. (C. ) (now pending before the Legislature as this bill). The written policies shall include a requirement that information on hazing and the provisions of P.L.0, c.(c.c:0- et seq.) and P.L., c. (C. )(now pending before the Legislature as this bill) be provided, at a minimum, at the start of each school year and at the commencement of each new sports season.. (New section) Each school district and each elementary and secondary nonpublic school shall adopt written policies on informing

5 A CORODEMUS, STANLEY its students, administrators, coaches, faculty, staff and volunteers of the provisions of P.L.0, c. (C.C:0- et seq.) and P.L., c. (C.)(now pending before the Legislature as this bill). The written policies shall include a requirement that information on hazing and the provisions of P.L.0, c. (C.C:0- et seq.) and P.L., c. (C.)(now pending before the Legislature as this bill) be provided, at a minimum, at the start of each school year and at the commencement of each new sports season.. This act shall take effect on the 0th day after enactment. STATEMENT This bill makes certain changes to the current law governing the criminal offense of hazing, requires written policies by schools, provides for certain immunities related to the reporting of hazing incidents and creates a civil offense. The bill in section amends N.J.S.A.C:0- to do the following: upgrade the existing hazing offenses; create a new offense in subsection c. concerning the failure to report hazing incidents that are known to be planned or to have occurred; clarify that the exception for athletic events applies to events under the direction of authorized personnel for the purposes associated with team or individual sports; include conduct which may adversely affect another person's mental health or dignity and include definitions, most significantly, an extensive definition of conduct which may be deemed to constitute hazing within the meaning of N.J.S.A.C:0-. The bill provides certain immunities to person making reports related to hazing incidents. In section the bill provides that a person reporting the planning or occurrence of a specific hazing incident to appropriate officials within an educational institution or who testifies in any proceeding arising from such report or testimony has immunity from any civil or criminal liability, unless the person acted in bad faith or with malicious purpose. Any physician who treats a student who may have been subjected to hazing and reports the suspected hazing to an educational institution or law enforcement officials has immunity. The bill in section creates a civil offense for hazing. This civil offense is modeled after the current civil offense found at N.J.S.A. A:A- et seq. for victims of bias crime. Upon proof, by a preponderance of the evidence, of a violation and resulting damages, a defendant would be liable for: an award in the amount of damages incurred as a result of the commission of the civil offense, including damages for any emotional distress suffered, punitive damages as may be assessed, and any reasonable attorney's fees and costs of suit incurred; injunctive relief as the court may deem necessary to avoid

6 A CORODEMUS, STANLEY the continued hazing; and any additional appropriate equitable relief, including restraints to avoid repeated violation. The bill in sections and requires each public and independent institution of higher education and each school district and each elementary and secondary nonpublic school to adopt written policies on informing its students, administrators, coaches, faculty, staff and volunteers of the provisions of this bill. The written policies shall be provided, at a minimum, at the start of each school year and at the commencement of each new sports season.