Assigned to ED FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2322
hazing; hazing paraphernalia; offense
Purpose
Establishes the criminal offenses of hazing and hazing planning or organizing and outlines
exemptions and immunizing circumstances. Redefines hazing, for the purposes of educational
institution hazing prevention policies, to mean an act in violation of the criminal classifications.
Background
Every public educational institution in Arizona must adopt, post and enforce a hazing
prevention policy that includes: 1) the statutory definition of hazing; 2) statements prohibiting
hazing, solicitation to engage in hazing and aiding and abetting hazing; 3) a statement that a hazing
victim's consent or acquiescence is not a defense to hazing; 4) a statement that all students, teachers
and staff must take reasonable measures to prevent hazing; 5) a description of procedures for
reporting and the circumstances under which hazing must be reported to a law enforcement agency;
6) procedures to investigate hazing reports and complaints; and 7) a description of penalties,
sanctions and appeal mechanisms for persons and organizations that violate the policy, including
the revocation or suspension of organizations and the disciplinary action of teachers or staff who
knowingly allow, authorize or condone hazing.
Hazing is any intentional, knowing or reckless act committed by a student, whether
individually or in concert with other persons, against another student, and in connection with an
initiation into, an affiliation with or the maintenance of membership in any organization affiliated
with an educational institution that contributes to a substantial risk of potential physical injury,
mental harm or degradation or causes physical injury, mental harm or personal degradation (A.R.S.
ยง 15-2301).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
Hazing
1. Establishes the criminal offense of hazing and states 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 a minor or student into or with an organization or for the purpose
of continuing, reinstating or enhancing a minor's or student's membership or status in an
organization:
a) violate a federal or state criminal law; FACT SHEET
H.B. 2322
Page 2
b) consume any food, nonalcoholic or alcoholic liquid, drug or other substance that subjects
the minor or student to a risk of emotional or physical harm;
c) endure physical brutality, including whipping, beating, paddling, striking, branding,
electric shocking, placing harmful substances on the body, calisthenics or exposure to the
elements;
d) endure mental brutality, including an act that adversely affects the mental health or dignity
of the minor or student, sleep deprivation, confinement in a small space, exclusion from
social contact or conduct that could result in extreme embarrassment;
e) endure sexual humiliation or brutality, including forced nudity or an act of sexual
penetration or both; or
f) endure any other activity that creates a reasonable likelihood that the minor or student will
be physically injured.
2. Classifies hazing as a class 1 misdemeanor, or if the hazing results in a person's death, as a
class 4 felony.
3. Excludes, from the criminal classification of hazing, reasonable and customary athletic, law
enforcement or military training, contests, competitions or events.
4. Immunizes a person from being charged with or prosecuted for hazing, possessing or using
hazing paraphernalia or a preparatory offense, if the evidence for the violation was gained
solely as a result of the person:
a) transporting the minor or student experiencing a medical emergency to a law enforcement
agency, campus security office or health care facility; or
b) in good faith and in a timely manner, reporting a medical event caused by hazing to a law
enforcement officer, 911 or E911 service, campus security officer or emergency services
personnel and the person reasonably believed that the minor or student needed immediate
medical attention that was necessary to prevent the death of or serious physical injury to
the minor or student.
5. Limits the immunity of a person who reports a medical event caused by hazing to apply only
if the person:
a) is physically capable, provides their name and the location of the minor or student;
b) remains with the minor or student until a law enforcement officer, campus security officer
or emergency services personnel arrives; and
c) cooperates with law enforcement, campus security or emergency services personnel.
6. Specifies that the immunization of a person who transports a hazing victim or reports a medical
event caused by hazing does not prohibit:
a) charging or prosecuting a person if law enforcement obtains evidence of the violation
before, or independent of, the person's act of seeking or obtaining medical assistance; or
b) the admissibility of evidence in connection with an investigation and prosecution of a
hazing violation against another person who is not immune from prosecution.
FACT SHEET
H.B. 2322
Page 3
7. Specifies that the following are not a defense to hazing:
a) the victim or person against whom the hazing was directed, acquiesced or consented,
whether implied or expressed, to the conduct; or
b) the conduct was sanctioned or approved by the organization or educational institution or
the conduct was traditional and customary, or both.
8. Defines organization as any official fraternity, sorority, association, corporation, order,
society, corps, cooperative, club, service group, social group, band, spirit group, athletic team
or similar group whose members are primarily students at, or former students of, a high school
or postsecondary institution.
Hazing Planning or Organizing
9. Establishes the criminal offense of hazing planning or organizing and states that a person
commits hazing planning or organizing by:
a) with the intent to promote or aid the commission of hazing, agreeing with one or more
persons that at least one of them or another person will engage in hazing and one of the
parties commits an overt act in furtherance of hazing;
b) intentionally or knowingly engaging in conduct that would constitute hazing if the
attendant circumstances were as the person believes them to be;
c) intentionally or knowingly doing or omitting to do anything that, under the circumstances
as the person believes them to be, is any step in a course of conduct planned to culminate
in committing hazing; or
d) intentionally or knowingly engaging in conduct that is intended to aid another to commit
hazing, although the hazing is not committed or attempted by the other person, if the
person's conduct would establish the person's complicity as a party to the offense and the
hazing was committed or attempted by the other person.
10. Classifies, as a class 2 misdemeanor, a violation of hazing planning or organizing.
Miscellaneous
11. Redefines hazing, relating to public educational institution hazing prevention policies, as an
act in violation of hazing or hazing planning or organizing criminal classifications.
12. Makes technical changes.
13. Becomes effective on the general effective date.
House Action
GE 2/2/22 DPA 12-1-0-0
3
rd
Read 2/15/22 52-7-1
Prepared by Senate Research
March 11, 2022
LB/KJA/slp