HB 2322
Initials SJ Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: GE DPA 12-1-0-0
HB 2322: hazing; hazing paraphernalia; offense
Sponsor: Representative Kavanagh, LD 23
House Engrossed
Overview
Defines what it means for a person to commit hazing.
History
Current statute requires every Arizona public educational institution to adopt, post and enforce a
hazing prevention policy and outlines what must be included in the policies. The hazing
prevention policy must be printed in every student handbook for distribution to parents and
students. Violations of hazing prevention policies do not include customary athletic events,
competitions or contests that are sponsored by an educational institution or any activity or conduct
that furthers goals of a legitimate educational curriculum, extracurricular program or military
training program (A.R.S. ยง 15-2301).
Provisions
1. Stipulates that a person commits hazing by intentionally, knowingly or recklessly causing,
coercing or forcing a minor or student to do any of the following for the purpose of pre-initiation
activities, pledging, initiating, holding office, admitting or affiliating the minor or student into an
organization:
a) Violate a state or federal criminal law;
b) Consume any food, liquid, drug or other substance that subjects the minor or student to a
risk of physical or emotional harm;
c) Endure physical or mental brutality;
d) Endure sexual humiliation or brutality; or
e) Endure any other activity that creates a reasonable likelihood that the minor or student will
be physically injured. (Sec. 1)
2. Specifies that this does not apply to reasonable and customary athletic, law enforcement or
military training, competitions, contests or events. (Sec. 1)
3. Prohibits a person from being charged with or prosecuted for hazing, possessing or using
hazing paraphernalia or for a preparatory offense if the evidence for the violation was solely
gained as a result of either:
a) The person transported the minor or student to a law enforcement agency, health care
facility or campus security office if the minor or student was experiencing a medical
emergency; or
b) The person reported the medical event caused by the hazing to emergency services
personnel and reasonably believed that the minor or student needed immediate medical
attention if the person:
i. Provided the person's name and location of the minor or student who was in need of
medical attention;
ii. The person remained with the minor or student until emergency services personnel
arrived; and HB 2322
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iii. The person cooperated with emergency services personnel. (Sec. 1)
4. States that the prohibition for a person being charged for hazing does not do any of the
following:
a) Prohibit charging or prosecuting a person for a violation if law enforcement obtains
evidence before the person's act of obtaining medical assistance;
b) Prohibit the admissibility of evidence in connection with the investigation and prosecution
for any other crime; or
c) Prohibit the admissibility of evidence in connection with the investigation and prosecution
of such a violation against another person who is not immune from prosecution. (Sec. 1)
5. Specifies that it is not a defense to hazing if:
a) The victim acquiesced or consented, whether implied or expressed, to the conduct; or
b) The conduct was sanctioned by the organization or educational institution, or the conduct
was traditional and customary. (Sec. 1)
6. Stipulates that hazing is a class 1 misdemeanor, except if it results in a person's death it is a
class 4 felony. (Sec. 1)
7. States that a person commits hazing planning or organizing by:
a) Agreeing with one or more people that at least one of them will engage in hazing and one
of the parties commits an overt act in furtherance of hazing;
b) Knowingly or intentionally engaging in conduct that would constitute hazing if the
circumstances were as the person believes them to be;
c) Knowingly or intentionally doing or omitting to do anything that is any step in a course of
conduct planned to culminate in committing hazing; or
d) Knowingly or intentionally engaging in conduct that is intended to aid another to commit
hazing. (Sec. 1)
8. Defines a violation of hazing planning or organizing as a class 2 misdemeanor. (Sec. 1)
9. Defines organization. (Sec. 1)
10. Makes technical and conforming changes. (Sec. 2)