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AN ACT relating to hazing. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 4 of this Act, unless the context requires otherwise: 5
(1) "Hazing" means an action which endangers the mental or physical health of a 6
minor or student for the purpose of recruitment, initiation into, affiliation with, 7
or enhancing or maintaining membership or status within any organization, 8
including but not limited to actions which cause, coerce, or force a minor or a 9
student to: 10
(a) Violate federal or state criminal law; 11
(b) Consume any food, liquid, alcoholic liquid, drug, tobacco product, or other 12
controlled substance which subjects the minor or student to a risk of mental 13
harm or physical injury; 14
(c) Endure brutality of a physical nature, including whipping, beating or 15
paddling, branding, or exposure to the elements; 16
(d) Endure brutality of a mental nature, including personal servitude, sleep 17
deprivation, or circumstances which would cause a reasonable person to 18
suffer substantial mental distress; 19
(e) Endure brutality of a sexual nature; or 20
(f) Endure any other activity that creates a reasonable likelihood of mental 21
harm or physical injury to the minor or student; 22
(2) "Student" means an individual enrolled in a public or private school or 23
postsecondary program of study; and 24
(3) "Organization" means a number of persons who are associated with a school or 25
postsecondary educational institution and each other, including a student 26
organization, fraternity, sorority, association, corporation, order, society, corps, 27 UNOFFICIAL COPY 23 RS BR 161
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club, or similar group. 1
SECTION 2. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) A person is guilty of hazing in the first degree when he or she intentionally or 4
wantonly participates in an act of hazing that results in serious physical injury or 5
death to a minor or student. 6
(2) It shall not be a defense under this section that the: 7
(a) Consent of the minor or student was sought or obtained; or 8
(b) Conduct was sanctioned or approved by an organization. 9
(3) Hazing in the first degree is a Class D felony. 10
SECTION 3. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) A person is guilty of hazing in the second degree when he or she recklessly 13
participates in an act of hazing. 14
(2) It shall not be a defense under this section that the: 15
(a) Consent of the minor or student was sought or obtained; or 16
(b) Conduct was sanctioned or approved by an organization. 17
(3) It shall be a defense under this section that the act was part of reasonable and 18
customary: 19
(a) Athletic competitions or events; 20
(b) Law enforcement training; or 21
(c) Military training. 22
(4) Hazing in the second degree is a Class A misdemeanor. 23
SECTION 4. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 24
READ AS FOLLOWS: 25
Nothing in Sections 1 to 4 of this Act shall be construed to create or imply a new cause 26
of action against any educational institution. 27 UNOFFICIAL COPY 23 RS BR 161
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Section 5. KRS 164.7874 is amended to read as follows: 1
As used in KRS 164.7871 to 164.7885: 2
(1) "Academic term" means a semester or other time period specified in an 3
administrative regulation promulgated by the authority; 4
(2) "Academic year" means a period consisting of at least the minimum school term, as 5
defined in KRS 158.070; 6
(3) "ACT score" means the composite score achieved on the American College Test at 7
a national test site on a national test date or the college admissions examination 8
administered statewide under KRS 158.6453(5)(b)5. if the exam is the ACT, or an 9
equivalent score, as determined by the authority, on the SAT administered by the 10
College Board, Inc.; 11
(4) "Authority" means the Kentucky Higher Education Assistance Authority; 12
(5) "Award period" means the fall and spring consecutive academic terms within one 13
(1) academic year; 14
(6) "Council" means the Council on Postsecondary Education created under KRS 15
164.011; 16
(7) "Eligible high school student" means any person who: 17
(a) Is a citizen, national, or permanent resident of the United States and Kentucky 18
resident; 19
(b) Was enrolled after July 1, 1998: 20
1. In a Kentucky high school for at least one hundred forty (140) days of 21
the minimum school term unless exempted by the authority's executive 22
director upon documentation of extreme hardship, while meeting the 23
KEES curriculum requirements, and was enrolled in a Kentucky high 24
school at the end of the academic year; 25
2. In a Kentucky high school for the fall academic term of the senior year 26
and who: 27 UNOFFICIAL COPY 23 RS BR 161
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a. Was enrolled during the entire academic term; 1
b. Completed the high school's graduation requirements during the 2
fall academic term; and 3
c. Was not enrolled in a secondary school during any other academic 4
term of that academic year; or 5
3. In the Gatton Academy of Mathematics and Science in Kentucky, the 6
Craft Academy for Excellence in Science and Mathematics, or in high 7
school at a model and practice school under KRS 164.380 while meeting 8
the Kentucky educational excellence scholarship curriculum 9
requirements; 10
(c) Has a grade point average of 2.5 or above at the end of any academic year 11
beginning after July 1, 1998, or at the end of the fall academic term for a 12
student eligible under paragraph (b) 2. of this subsection; and 13
(d) Is not a convicted felon or has not been convicted of hazing under Section 2 14
or 3 of this Act; 15
(8) "Eligible postsecondary student" means a citizen, national, or permanent resident of 16
the United States and Kentucky resident, as determined by the participating 17
institution in accordance with criteria established by the council for the purposes of 18
admission and tuition assessment, who: 19
(a) Earned a KEES award; 20
(b) Has the required postsecondary GPA and credit hours required under KRS 21
164.7881; 22
(c) Has remaining semesters of eligibility under KRS 164.7881; 23
(d) Is enrolled in a participating institution as a part-time or full-time student; and 24
(e) Is not a convicted felon or has not been convicted of hazing under Section 2 25
or 3 of this Act; 26
(9) "Full-time student" means a student enrolled in a postsecondary program of study 27 UNOFFICIAL COPY 23 RS BR 161
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that meets the full-time student requirements of the participating institution in 1
which the student is enrolled; 2
(10) "Grade point average" or "GPA" means the grade point average earned by an 3
eligible student and reported by the high school or participating institution in which 4
the student was enrolled based on a scale of 4.0 or its equivalent if the high school 5
or participating institution that the student attends does not use the 4.0 grade scale; 6
(11) "High school" means any Kentucky public high school, the Gatton Academy of 7
Mathematics and Science in Kentucky, the Craft Academy for Excellence in 8
Science and Mathematics, a high school of a model and practice school under KRS 9
164.380, and any private, parochial, or church school located in Kentucky that has 10
been certified by the Kentucky Board of Education as voluntarily complying with 11
curriculum, certification, and textbook standards established by the Kentucky Board 12
of Education under KRS 156.160; 13
(12) "KEES" or "Kentucky educational excellence scholarship" means a scholarship 14
provided under KRS 164.7871 to 164.7885; 15
(13) "KEES award" means: 16
(a) For an eligible high school student, the sum of the KEES base amount for 17
each academic year of high school plus any KEES supplemental amount, as 18
adjusted pursuant to KRS 164.7881; and 19
(b) For a student eligible under KRS 164.7879(3)(e), the KEES supplemental 20
amount as adjusted pursuant to KRS 164.7881; 21
(14) "KEES award maximum" means the sum of the KEES base amount earned in each 22
academic year of high school plus any KEES supplemental amount earned; 23
(15) "KEES base amount" or "base amount" means the amount earned by an eligible 24
high school student based on the student's GPA pursuant to KRS 164.7879; 25
(16) "KEES curriculum" means five (5) courses of study, except for students who meet 26
the criteria of subsection (7)(b)2. of this section, in an academic year as determined 27 UNOFFICIAL COPY 23 RS BR 161
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in accordance with an administrative regulation promulgated by the authority; 1
(17) "KEES supplemental amount" means the amount earned by an eligible student 2
based on the student's ACT score pursuant to KRS 164.7879; 3
(18) "KEES trust fund" means the Wallace G. Wilkinson Kentucky educational 4
excellence scholarship trust fund; 5
(19) "On track to graduate" means the number of cumulative credit hours earned as 6
compared to the number of hours determined by the postsecondary education 7
institution as necessary to complete a bachelor's degree by the end of eight (8) 8
academic terms or ten (10) academic terms if a student is enrolled in an 9
undergraduate program that requires five (5) years of study; 10
(20) "Participating institution" means an "institution" as defined in KRS 164.001 that is 11
eligible to participate in the federal Pell Grant program, executes a contract with the 12
authority on terms the authority deems necessary or appropriate for the 13
administration of its programs, and: 14
(a) 1. Is publicly operated; 15
2. Is licensed by the Commonwealth of Kentucky and has operated for at 16
least ten (10) years, offers an associate or baccalaureate degree program 17
of study not comprised solely of sectarian instruction, and admits as 18
regular students only high school graduates, recipients of a High School 19
Equivalency Diploma, or students transferring from another accredited 20
degree granting institution; or 21
3. Is designated by the authority as an approved out-of-state institution that 22
offers a degree program in a field of study that is not offered at any 23
institution in the Commonwealth; and 24
(b) Continues to commit financial resources to student financial assistance 25
programs; and 26
(21) "Part-time student" means a student enrolled in a postsecondary program of study 27 UNOFFICIAL COPY 23 RS BR 161
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who does not meet the full-time student requirements of the participating institution 1
in which the student is enrolled and who is enrolled for at least six (6) credit hours, 2
or the equivalent for an institution that does not use credit hours. 3
Section 6. This Act may be cited as Lofton's Law. 4