Bill Text: TX SB50 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the offense of hazing.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2017-05-19 - Committee report sent to Calendars [SB50 Detail]
Download: Texas-2017-SB50-Comm_Sub.html
By: Zaffirini, et al. | S.B. No. 50 | |
(Lozano) | ||
|
||
|
||
relating to the offense of hazing. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.151(6), Education Code, is amended to | ||
read as follows: | ||
(6) "Hazing" means any intentional, knowing, or | ||
reckless act, occurring on or off the campus of an educational | ||
institution, by one person alone or acting with others, directed | ||
against a student[ |
||
|
||
into, affiliating with, holding office in, or maintaining | ||
membership in an organization if the act: | ||
(A) is[ |
||
[ |
||
whipping, beating, striking, branding, electronic shocking, | ||
placing of a harmful substance on the body, or similar activity; | ||
(B) involves [ |
||
|
||
small space, calisthenics, or other similar activity that subjects | ||
the student to an unreasonable risk of harm or that adversely | ||
affects the mental or physical health or safety of the student; | ||
(C) involves [ |
||
consumption of a food, liquid, alcoholic beverage, liquor, drug, or | ||
other substance, other than as described by Paragraph (F), that | ||
subjects the student to an unreasonable risk of harm or that | ||
adversely affects the mental or physical health or safety of the | ||
student; | ||
(D) is any activity that: | ||
(i) a reasonable person would believe | ||
intimidates or threatens the student with ostracism, [ |
||
subjects the student to extreme mental stress, shame, or | ||
humiliation, [ |
||
of the student, or discourages the student from entering or | ||
remaining registered in an educational institution;[ |
||
(ii) [ |
||
cause the [ |
||
rather than submit to the activity [ |
||
|
||
(E) is any activity that induces, causes, or | ||
requires the student to perform a duty or task that involves a | ||
violation of the Penal Code; or | ||
(F) involves coercing, as defined by Section | ||
1.07, Penal Code, the student to consume an alcoholic beverage, | ||
liquor, or drug. | ||
SECTION 2. Section 37.155, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY | ||
AVAILABLE. (a) In the prosecution of an offense under this | ||
subchapter, the court may grant immunity from prosecution for the | ||
offense to each person who is subpoenaed to testify for the | ||
prosecution and who does testify for the prosecution. | ||
(b) Any person who voluntarily reports [ |
||
specific hazing incident involving a student in an educational | ||
institution to the dean of students or other appropriate official | ||
of the institution is immune from civil or criminal liability that | ||
might otherwise be incurred or imposed as a result of the reported | ||
hazing incident if the person: | ||
(1) reports the incident before being contacted by the | ||
institution concerning the incident or otherwise being included in | ||
the institution's investigation of the incident; and | ||
(2) as determined by the dean of students or other | ||
appropriate official of the institution designated by the | ||
institution, cooperates in good faith throughout any institutional | ||
process regarding the incident [ |
||
(c) Immunity under Subsection (b) extends to participation | ||
in any judicial proceeding resulting from the report. | ||
(d) A person is not immune under Subsection (b) if the | ||
person: | ||
(1) reports the person's own act of hazing; or | ||
(2) reports an incident of hazing [ |
||
faith or with malice [ |
||
SECTION 3. Subchapter F, Chapter 37, Education Code, is | ||
amended by adding Section 37.158 to read as follows: | ||
Sec. 37.158. VENUE. (a) In this section, "prosecuting | ||
attorney" means a county attorney, district attorney, or criminal | ||
district attorney. | ||
(b) An offense under this subchapter may be prosecuted: | ||
(1) in any county in which the offense may be | ||
prosecuted under other law; or | ||
(2) if the consent required by Subsection (c) is | ||
provided, in a county, other than a county described by Subdivision | ||
(1), in which is located the educational institution campus at | ||
which a victim of the offense is enrolled. | ||
(c) An offense under this subchapter may be prosecuted in a | ||
county described by Subsection (b)(2) only with the written consent | ||
of a prosecuting attorney of a county described by Subsection | ||
(b)(1) who has authority to prosecute an offense under this | ||
subchapter. | ||
SECTION 4. Section 51.936(c), Education Code, is amended to | ||
read as follows: | ||
(c) Not later than the 21st day of each semester, each | ||
[ |
||
each student enrolled at the institution [ |
||
|
||
(1) a summary of the provisions of Subchapter F, | ||
Chapter 37; and | ||
(2) a list of organizations that have been disciplined | ||
for hazing or convicted for hazing on or off the campus of the | ||
institution during the preceding three years. | ||
SECTION 5. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect when the offense was committed, and | ||
the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense was | ||
committed before that date. | ||
SECTION 6. Section 37.155, Education Code, as amended by | ||
this Act, applies only to a civil cause of action that accrues on or | ||
after the effective date of this Act. An action that accrued before | ||
the effective date of this Act is governed by the law in effect at | ||
the time the action accrued, and that law is continued in effect for | ||
that purpose. | ||
SECTION 7. This Act takes effect September 1, 2017. |