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Indiana House Bill HB1403

Indiana 2022 Regular Session

Indiana House Bill HB1403 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1403
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 21-49; IC 34-30-2-86.6; IC 35-42-2-2.5.
77 Synopsis: Hazing. Requires: (1) a postsecondary educational
88 institution; and (2) a national organization that sponsors or recognizes
99 a local affiliate organization that includes students of a postsecondary
1010 educational institution; to develop and conduct an educational program
1111 on hazing. Requires a postsecondary educational institution or local
1212 affiliate organization to report an allegation of hazing involving: (1)
1313 serious bodily injury; or (2) a significant risk of serious bodily injury;
1414 not later than 72 hours after learning of the allegation. Requires,
1515 beginning in the academic school year that begins in 2022: (1) a
1616 postsecondary educational institution to report incidents of hazing on
1717 the postsecondary educational institution's Internet web site; and (2) a
1818 local affiliate organization that includes students of a postsecondary
1919 educational institution to report incidents of hazing on the local affiliate
2020 organization's Internet web site. Amends the elements and penalty
2121 levels for the criminal offense of hazing. Provides that a person who
2222 actively directs or engages in an act of hazing that results in bodily
2323 injury to another person shall, to the extent that the person can do so
2424 without danger or peril to self or others, provide reasonable assistance
2525 to the injured person. Provides that a person who fails to provide
2626 assistance commits contributory hazing, a: (1) Class B misdemeanor;
2727 or (2) Level 6 felony if the failure to provide reasonable assistance
2828 results in serious bodily injury to the injured person. Provides that
2929 certain arguments are not a defense in a criminal prosecution for hazing
3030 or contributory hazing.
3131 Effective: July 1, 2022.
3232 Austin
3333 January 13, 2022, read first time and referred to Committee on Education.
3434 2022 IN 1403—LS 6898/DI 143 Introduced
3535 Second Regular Session of the 122nd General Assembly (2022)
3636 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3737 Constitution) is being amended, the text of the existing provision will appear in this style type,
3838 additions will appear in this style type, and deletions will appear in this style type.
3939 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4040 provision adopted), the text of the new provision will appear in this style type. Also, the
4141 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4242 a new provision to the Indiana Code or the Indiana Constitution.
4343 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4444 between statutes enacted by the 2021 Regular Session of the General Assembly.
4545 HOUSE BILL No. 1403
4646 A BILL FOR AN ACT to amend the Indiana Code concerning
4747 higher education.
4848 Be it enacted by the General Assembly of the State of Indiana:
4949 1 SECTION 1. IC 21-49 IS ADDED TO THE INDIANA CODE AS
5050 2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
5151 3 2022]:
5252 4 ARTICLE 49. HAZING
5353 5 Chapter 1. Definitions
5454 6 Sec. 1. The definitions in this chapter apply throughout this
5555 7 article.
5656 8 Sec. 2. "Campus security authority" means any of the following:
5757 9 (1) A postsecondary educational institution's campus police or
5858 10 security department.
5959 11 (2) An individual not described in subdivision (1) who has
6060 12 responsibility for security of a postsecondary educational
6161 13 institution's campus, including an individual responsible for
6262 14 monitoring entrance into property of the postsecondary
6363 15 educational institution.
6464 16 (3) An individual or entity specified in a postsecondary
6565 17 educational institution's policies as an individual or entity to
6666 2022 IN 1403—LS 6898/DI 143 2
6767 1 which students and employees are directed to report criminal
6868 2 offenses.
6969 3 (4) An official of a postsecondary educational institution who
7070 4 has significant responsibility for student and campus
7171 5 activities, including student housing, student discipline, and
7272 6 administrative proceedings of the postsecondary educational
7373 7 institution.
7474 8 Sec. 3. "Clery Act" refers to the Jeanne Clery Disclosure of
7575 9 Campus Security Policy and Campus Crime Statistics Act (20
7676 10 U.S.C. 1092(f)).
7777 11 Sec. 4. "FERPA" refers to the Family Educational Rights and
7878 12 Privacy Act of 1974 (20 U.S.C. 1232g).
7979 13 Sec. 5. (a) "Hazing" means an intentional, knowing, or reckless
8080 14 act that:
8181 15 (1) is committed:
8282 16 (A) by one (1) or more individuals against a minor or
8383 17 against a student of a postsecondary educational
8484 18 institution;
8585 19 (B) on:
8686 20 (i) the campus or property of a postsecondary
8787 21 educational institution; or
8888 22 (ii) the property of a local affiliate organization; and
8989 23 (C) for the purpose of the minor's or student's:
9090 24 (i) recruitment to;
9191 25 (ii) pledging to;
9292 26 (iii) initiation in;
9393 27 (iv) admission to;
9494 28 (v) affiliation with;
9595 29 (vi) continuation in; or
9696 30 (vii) status with;
9797 31 an organization; and
9898 32 (2) causes or coerces the minor or student to do any of the
9999 33 following:
100100 34 (A) Violate state or federal law.
101101 35 (B) Consume any food, liquid, drug, or other substance in
102102 36 a noncustomary manner that subjects the minor or student
103103 37 to a substantial risk of physical harm, including sickness,
104104 38 vomiting, intoxication, or unconsciousness.
105105 39 (C) Endure:
106106 40 (i) brutality of a physical nature that results in medically
107107 41 verifiable physical harm, including whipping, beating,
108108 42 paddling, branding, dangerous physical activity, or
109109 2022 IN 1403—LS 6898/DI 143 3
110110 1 exposure to the elements; or
111111 2 (ii) a threat of conduct described in item (i).
112112 3 (b) The term does not include reasonable and customary
113113 4 athletic, law enforcement, or military training, contests,
114114 5 competitions, or events.
115115 6 Sec. 6. "Local affiliate organization" means an organization that
116116 7 is chartered or recognized by a national organization and that
117117 8 includes students of a postsecondary educational institution.
118118 9 Sec. 7. "National organization" means an organization that:
119119 10 (1) is separate from a local affiliate organization; and
120120 11 (2) charters or recognizes local affiliate organizations at one
121121 12 (1) or more postsecondary educational institutions.
122122 13 Sec. 8. "Organization" means:
123123 14 (1) a club;
124124 15 (2) an association;
125125 16 (3) a corporation;
126126 17 (4) an order;
127127 18 (5) a society;
128128 19 (6) a corps;
129129 20 (7) a private club;
130130 21 (8) a fraternity;
131131 22 (9) a sorority;
132132 23 (10) a varsity or club athletic team; or
133133 24 (11) a service, social, or similar entity whose members are
134134 25 primarily students or alumni of one (1) or more
135135 26 postsecondary educational institutions.
136136 27 Sec. 9. "Postsecondary educational institution" means a public
137137 28 or private institution in Indiana that is authorized to grant an
138138 29 associate degree or higher academic degree.
139139 30 Chapter 2. Postsecondary Educational Institution Anti-Hazing
140140 31 Programs
141141 32 Sec. 1. (a) A postsecondary educational institution shall provide
142142 33 all students of the postsecondary educational institution with an
143143 34 educational program regarding hazing that:
144144 35 (1) is based on research and best practices; and
145145 36 (2) includes information on:
146146 37 (A) hazing awareness;
147147 38 (B) hazing prevention;
148148 39 (C) the postsecondary educational institution's policies on
149149 40 hazing;
150150 41 (D) hazing intervention; and
151151 42 (E) the legal and institutional consequences of hazing.
152152 2022 IN 1403—LS 6898/DI 143 4
153153 1 (b) A postsecondary educational institution shall develop a
154154 2 process for ensuring that all students who are newly enrolled in the
155155 3 postsecondary educational institution complete the educational
156156 4 program under subsection (a).
157157 5 (c) An educational program under subsection (a) may be
158158 6 conducted in person or by electronic means.
159159 7 Sec. 2. (a) A postsecondary educational institution shall provide
160160 8 to staff members of the postsecondary educational institution who
161161 9 advise or coach student organizations an educational program on
162162 10 hazing that:
163163 11 (1) is based on research and best practices; and
164164 12 (2) includes information on:
165165 13 (A) hazing awareness;
166166 14 (B) hazing prevention;
167167 15 (C) the postsecondary educational institution's policies on
168168 16 hazing;
169169 17 (D) hazing intervention; and
170170 18 (E) the legal and institutional consequences of hazing.
171171 19 (b) A postsecondary educational institution shall require all staff
172172 20 members of the postsecondary educational institution who advise
173173 21 or coach student organizations to complete the educational
174174 22 program under subsection (a).
175175 23 (c) An educational program under subsection (a) may be
176176 24 conducted in person or by electronic means.
177177 25 Sec. 3. A national organization shall provide for each local
178178 26 affiliate organization chartered or recognized by the national
179179 27 organization in Indiana anti-hazing education:
180180 28 (1) separate from; and
181181 29 (2) supplemental to;
182182 30 the educational programs provided under section 1 of this chapter.
183183 31 Sec. 4. A postsecondary educational institution may solicit and
184184 32 accept assistance and resources from other entities in carrying out
185185 33 the postsecondary educational institution's duties under this
186186 34 chapter.
187187 35 Chapter 3. Reporting and Investigation of Hazing
188188 36 Sec. 1. (a) Not later than seventy-two (72) hours after a
189189 37 postsecondary educational institution's campus security authority
190190 38 receives a report that alleges hazing involving serious bodily injury
191191 39 or a significant risk of serious bodily injury, the postsecondary
192192 40 educational institution shall report the hazing allegation to a law
193193 41 enforcement agency.
194194 42 (b) Not later than seventy-two (72) hours after a local affiliate
195195 2022 IN 1403—LS 6898/DI 143 5
196196 1 organization learns of an allegation of hazing involving serious
197197 2 bodily injury or a significant risk of serious bodily injury, the local
198198 3 affiliate organization shall report the hazing allegation to a law
199199 4 enforcement agency.
200200 5 Sec. 2. A postsecondary educational institution shall use the
201201 6 postsecondary educational institution's campus disciplinary
202202 7 process to investigate any student alleged to be involved in an act
203203 8 of hazing reported to the postsecondary educational institution's
204204 9 campus security authority.
205205 10 Sec. 3. (a) Except as provided in subsection (b), a person,
206206 11 including an individual, a local affiliate organization, or a national
207207 12 organization:
208208 13 (1) that:
209209 14 (A) makes a report of hazing in good faith; or
210210 15 (B) participates in good faith in a judicial proceeding
211211 16 resulting from a report of hazing; or
212212 17 (2) that employs or supervises an individual described in
213213 18 subdivision (1);
214214 19 is not liable for civil damages or criminal penalties that might
215215 20 otherwise be imposed due to the reporting or participation
216216 21 described in subdivision (1) or employment of an individual under
217217 22 subdivision (2).
218218 23 (b) An individual who commits an act of hazing is not immune
219219 24 under subsection (a) from civil damages or criminal penalties for
220220 25 the individual's:
221221 26 (1) reporting of; or
222222 27 (2) participation in a judicial proceeding resulting from;
223223 28 the act of hazing.
224224 29 (c) A person:
225225 30 (1) described in subsection (a)(1)(A) is presumed to have acted
226226 31 under subsection (a)(1)(A) in good faith; and
227227 32 (2) described in subsection (a)(1)(B) is presumed to have acted
228228 33 under subsection (a)(1)(B) in good faith.
229229 34 (d) A person described in subsection (a)(1)(A) or (a)(1)(B) may
230230 35 not be considered as acting in bad faith solely because the person:
231231 36 (1) made a report of hazing or participated in a judicial
232232 37 proceeding resulting from a report of hazing; and
233233 38 (2) did not have probable cause to believe that an individual
234234 39 committed:
235235 40 (A) an offense under this article; or
236236 41 (B) a delinquent act that would be an offense under this
237237 42 article if committed by an adult.
238238 2022 IN 1403—LS 6898/DI 143 6
239239 1 Chapter 4. Postsecondary Educational Institution Hazing
240240 2 Reports
241241 3 Sec. 1. (a) Beginning in the academic school year that begins in
242242 4 2022, and subject to subsection (c), a postsecondary educational
243243 5 institution and each local affiliate organization that includes
244244 6 students of the postsecondary educational institution shall maintain
245245 7 a report documenting all hazing related:
246246 8 (1) violations of the postsecondary educational institution's
247247 9 disciplinary rules; and
248248 10 (2) violations of state or federal law;
249249 11 that result in a finding of a formal violation of the student code of
250250 12 conduct of the postsecondary educational institution.
251251 13 (b) A report maintained under subsection (a) must include:
252252 14 (1) the nature, date, time, and general location of each
253253 15 incident; and
254254 16 (2) the disposition of each complaint, if known;
255255 17 related to a violation documented in the report.
256256 18 (c) A report maintained under subsection (a):
257257 19 (1) may not include any personally identifying information of
258258 20 an individual student; and
259259 21 (2) is subject to the requirements of FERPA.
260260 22 Sec. 2. A postsecondary educational institution shall:
261261 23 (1) post a copy of:
262262 24 (A) the report maintained by the postsecondary
263263 25 educational institution under section 1 of this chapter; and
264264 26 (B) the report maintained under section 1 of this chapter
265265 27 by each local affiliate organization that includes students
266266 28 of the postsecondary educational institution;
267267 29 in the location on the postsecondary educational institution's
268268 30 Internet web site at which the postsecondary educational
269269 31 institution's Clery Act reports are available;
270270 32 (2) update the reports posted on the postsecondary
271271 33 educational institution's Internet web site under this section:
272272 34 (A) at least ten (10) calendar days before the start of the
273273 35 postsecondary educational institution's fall academic
274274 36 semester; and
275275 37 (B) at least ten (10) calendar days before the start of the
276276 38 postsecondary educational institution's spring academic
277277 39 semester;
278278 40 (3) provide the postsecondary educational institution's
279279 41 students with printed notice of:
280280 42 (A) the nature and availability of the reports posted on the
281281 2022 IN 1403—LS 6898/DI 143 7
282282 1 postsecondary educational institution's Internet web site
283283 2 under this section; and
284284 3 (B) the address of the Internet web site at which the
285285 4 reports are posted; and
286286 5 (4) retain each report created by the postsecondary
287287 6 educational institution under section 1 of this chapter for not
288288 7 less than three (3) calendar years.
289289 8 Sec. 3. A local affiliate organization shall:
290290 9 (1) post a copy of:
291291 10 (A) the report maintained by the local affiliate
292292 11 organization under section 1 of this chapter; and
293293 12 (B) the report maintained under section 1 of this chapter
294294 13 by any postsecondary educational institution whose
295295 14 students are included in the local affiliate organization;
296296 15 in a prominent location on the local affiliate organization's
297297 16 Internet web site;
298298 17 (2) update the reports posted on the local affiliate
299299 18 organization's Internet web site under this section:
300300 19 (A) at least ten (10) calendar days before the start of the
301301 20 fall academic semester; and
302302 21 (B) at least ten (10) calendar days before the start of the
303303 22 spring academic semester;
304304 23 of a postsecondary educational institution whose students are
305305 24 included in the local affiliate organization;
306306 25 (3) provide members of the local affiliate organization with
307307 26 printed notice of:
308308 27 (A) the nature and availability of the reports posted on the
309309 28 local affiliate organization's Internet web site under this
310310 29 section; and
311311 30 (B) the address of the Internet web site at which the
312312 31 reports are posted; and
313313 32 (4) retain each report created by the local affiliate
314314 33 organization under section 1 of this chapter for not less than
315315 34 three (3) calendar years.
316316 35 Sec. 4. An Internet web page on which a report is posted under
317317 36 section 2 or 3 of this chapter must include a statement indicating
318318 37 where a member of the public may obtain additional information
319319 38 that is not included in the report under FERPA.
320320 39 Sec. 5. This chapter may not be construed to prohibit a
321321 40 postsecondary educational institution or local affiliate organization
322322 41 from providing information under IC 5-14-3 in addition to the
323323 42 information the postsecondary educational institution or local
324324 2022 IN 1403—LS 6898/DI 143 8
325325 1 affiliate organization is required to provide under this chapter.
326326 2 SECTION 2. IC 34-30-2-86.6 IS ADDED TO THE INDIANA
327327 3 CODE AS A NEW SECTION TO READ AS FOLLOWS
328328 4 [EFFECTIVE JULY 1, 2022]: Sec. 86.6. IC 21-49-3-3 (Concerning
329329 5 persons reporting or participating in proceedings concerning
330330 6 hazing).
331331 7 SECTION 3. IC 35-42-2-2.5, AS ADDED BY P.L.158-2013,
332332 8 SECTION 424, IS AMENDED TO READ AS FOLLOWS
333333 9 [EFFECTIVE JULY 1, 2022]: Sec. 2.5. (a) As used in this section,
334334 10 "hazing" means forcing or requiring another person:
335335 11 (1) with or without the consent of the other person; and
336336 12 (2) as a condition of association with a group or organization;
337337 13 to perform an act that creates a substantial risk of bodily injury.
338338 14 (b) A person who knowingly or intentionally performs hazing
339339 15 commits a Class B Class A misdemeanor. However, the offense is a
340340 16 Level 6 felony if it results in:
341341 17 (1) serious bodily injury to another person; or
342342 18 (2) another person having an alcohol concentration of at least
343343 19 twenty-five hundredths (0.25) grams of alcohol per:
344344 20 (A) one hundred (100) milliliters of the person's blood; or
345345 21 (B) two hundred ten (210) liters of the person's breath; or
346346 22 and
347347 23 a Level 5 felony if it is committed by means of a deadly weapon.
348348 24 (c) A person who actively directs or engages in an act of hazing
349349 25 that results in bodily injury to another individual shall, to the
350350 26 extent the person can do so without endangering the person or
351351 27 another individual, provide reasonable assistance to the injured
352352 28 individual, including immediately:
353353 29 (1) seeking; or
354354 30 (2) reporting the need for;
355355 31 medical assistance for the injured individual.
356356 32 (d) A person who fails to provide reasonable assistance as
357357 33 required under subsection (c) commits contributory hazing, a Class
358358 34 B misdemeanor. However, the offense is a Level 6 felony if the
359359 35 failure to provide reasonable assistance results in serious bodily
360360 36 injury to the victim.
361361 37 (e) None of the following is defense in a prosecution for an
362362 38 offense under this chapter:
363363 39 (1) The express or implied consent of the person against whom
364364 40 the act of hazing was committed.
365365 41 (2) The express or implied sanctioning or approval of the act
366366 42 of hazing by a postsecondary educational institution.
367367 2022 IN 1403—LS 6898/DI 143 9
368368 1 (3) Evidence that the act of hazing is traditional or customary.
369369 2 (c) (f) A person, other than a person who has committed an offense
370370 3 under this section or a delinquent act that would be an offense under
371371 4 this section if the violator were an adult, who:
372372 5 (1) makes a report of hazing in good faith;
373373 6 (2) participates in good faith in a judicial proceeding resulting
374374 7 from a report of hazing;
375375 8 (3) employs a reporting or participating person described in
376376 9 subdivision (1) or (2); or
377377 10 (4) supervises a reporting or participating person described in
378378 11 subdivision (1) or (2);
379379 12 is not liable for civil damages or criminal penalties that might
380380 13 otherwise be imposed because of the report or participation.
381381 14 (d) (g) A person described in subsection (c)(1) (f)(1) or (c)(2) (f)(2)
382382 15 is presumed to act in good faith.
383383 16 (e) (h) A person described in subsection (c)(1) (f)(1) or (c)(2) (f)(2)
384384 17 may not be treated as acting in bad faith solely because the person did
385385 18 not have probable cause to believe that a person committed:
386386 19 (1) an offense under this section; or
387387 20 (2) a delinquent act that would be an offense under this section if
388388 21 the offender were an adult.
389389 2022 IN 1403—LS 6898/DI 143