HB 2322
Initials SJ Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: GE DPA 12-1-0-0 | 3
rd
Read 52-7-1-0
Senate: ED DPA 7-1-0-0 | 3
rd
Read 19-8-3-0
Final Pass: 46-11-3-0
HB 2322: hazing; hazing paraphernalia; offense
NOW: hazing; classification; offense
Sponsor: Representative Kavanagh, LD 23
Transmitted to the Governor
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 engage in or endure 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) Sexual humiliation or brutality, or both;
b) Conduct or conditions that are reasonably calculated to cause severe mental distress to
the minor or student;
c) The consumption of any food, nonalcoholic liquid, alcoholic liquid, drug or other substance
that poses a substantial risk of physical injury, emotional harm or death;
d) An act of restraint, confinement in a small space or significant sleep deprivation;
e) Conduct or conditions that violate a state or federal criminal law and that pose a substantial
risk of physical injury or death; or
f) Physical brutality or other conduct or conditions that pose a substantial risk of physical
injury or death including outlined actions. (Sec. 1)
2. Specifies that this does not apply to reasonable and customary athletic, law enforcement or
military training, competitions, contests, competitions or events. (Sec. 1)
3. Prohibits a person from being charged with or prosecuted for hazing or for a crime arising out
of hazing 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 HB 2322
Initials SJ Page 2 Transmitted
b) The person, promptly and in good faith, 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
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 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. Prohibits a person from being charged with or prosecuted for a violation of hazing planning or
organizing if the person, in writing, transmits to others involved in the hazing, planning or
organizing a complete and voluntary renunciation of the person's criminal intent or takes active
steps to thwart the planned hazing from occurring. (Sec. 1)
9. Defines a violation of hazing planning or organizing as a class 2 misdemeanor. (Sec. 1)
10. Defines organization. (Sec. 1)
11. Makes technical and conforming changes. (Sec. 2)