Bill Text: NY S00298 | 2009-2010 | General Assembly | Introduced

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Bill Title: Increases severity of hazing in the second degree from a violation to an E felony where injury or death occurs, and of hazing in the first degree from a class A misdemeanor to a D felony where injury or death is caused by deadly weapon or dangerous instrument; creates new class A misdemeanor of hazing in the third degree which mirrors former hazing in the second degree.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00298 Detail]

Download: New_York-2009-S00298-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          298
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to increasing  the  penalties
         for hazing
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 120.16 of the penal law, as amended by  chapter  86
    2  of the laws of 1988, is amended to read as follows:
    3  S 120.16 Hazing in the first degree.
    4    A  person  is guilty of hazing in the first degree when, in the course
    5  of another person's initiation into or affiliation  with  any  organiza-
    6  tion,  he  OR  SHE  intentionally or recklessly engages in conduct which
    7  creates a substantial risk of SERIOUS physical injury OR DEATH  to  such
    8  other person or a third person and thereby causes such SERIOUS injury OR
    9  DEATH TO SUCH PERSON OR TO A THIRD PERSON.
   10    Hazing in the first degree is a class [A misdemeanor] D FELONY.
   11    S  2.  Section  120.17 of the penal law, as added by chapter 86 of the
   12  laws of 1988, is amended to read as follows:
   13  S 120.17 Hazing in the second degree.
   14    A person is guilty of hazing in the second degree when, in the  course
   15  of  another person's initiation or affiliation with any organization, he
   16  OR SHE intentionally or recklessly engages in conduct  which  creates  a
   17  substantial  risk  of  physical  injury  to such other person or a third
   18  person AND THEREBY CAUSES SUCH INJURY.
   19    Hazing in the second degree is a [violation] CLASS E FELONY.
   20    S 3. The penal law is amended by adding a new section 120.19  to  read
   21  as follows:
   22  S 120.19 HAZING IN THE THIRD DEGREE.
   23    A  PERSON  IS GUILTY OF HAZING IN THE THIRD DEGREE WHEN, IN THE COURSE
   24  OF ANOTHER PERSON'S INITIATION OR AFFILIATION WITH ANY ORGANIZATION,  HE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00197-01-9
       S. 298                              2
    1  OR  SHE  INTENTIONALLY  OR RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A
    2  SUBSTANTIAL RISK OF PHYSICAL INJURY TO SUCH  OTHER  PERSON  OR  A  THIRD
    3  PERSON.
    4    HAZING IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
    5    S 4. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.