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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) "Organization": 23
(a) Means a number of persons who are associated with a school or 24
postsecondary education institution and each other, including a student 25
organization, fraternity, sorority, association, corporation, order, society, 26
corps, club, or similar group; and 27 UNOFFICIAL COPY 23 RS SB 9/GA
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(b) Includes any student organization registered pursuant to the policies of the 1
school or postsecondary education institution at any time during the 2
previous five (5) years; and 3
(3) "Student" means an individual enrolled in a public or private school or 4
postsecondary program of study. 5
SECTION 2. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) A person is guilty of hazing in the first degree when he or she intentionally or 8
wantonly engages in an act of hazing that results in serious physical injury or 9
death to a minor or student. 10
(2) It shall not be a defense under this section that the: 11
(a) Consent of the minor or student was sought or obtained; or 12
(b) Conduct was sanctioned or approved by an organization. 13
(3) Hazing in the first degree is a Class D felony. Any sentence imposed on a 14
defendant under this section shall run concurrently with any sentence imposed 15
under KRS 508.060 or 508.070 arising from the same act or occurrence. 16
SECTION 3. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) A person is guilty of hazing in the second degree when he or she recklessly 19
engages in an act of hazing. 20
(2) It shall not be a defense under this section that the: 21
(a) Consent of the minor or student was sought or obtained; or 22
(b) Conduct was sanctioned or approved by an organization. 23
(3) It shall be a defense under this section that the act was part of reasonable and 24
customary: 25
(a) Interscholastic or intercollegiate athletic practices, competitions, or events; 26
(b) Law enforcement training; or 27 UNOFFICIAL COPY 23 RS SB 9/GA
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(c) Military training. 1
(4) Hazing in the second degree is a Class A misdemeanor. Any sentence imposed on 2
a defendant under this section shall run concurrently with any sentence imposed 3
under KRS 508.060 or 508.070 arising from the same act or occurrence. 4
SECTION 4. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 5
READ AS FOLLOWS: 6
Nothing in Sections 1 to 4 of this Act shall be construed to create or imply a new cause 7
of action against any educational institution. 8
Section 5. KRS 164.7874 is amended to read as follows: 9
As used in KRS 164.7871 to 164.7885: 10
(1) "Academic term" means a semester or other time period specified in an 11
administrative regulation promulgated by the authority; 12
(2) "Academic year" means a period consisting of at least the minimum school term, as 13
defined in KRS 158.070; 14
(3) "ACT score" means the composite score achieved on the American College Test at 15
a national test site on a national test date or the college admissions examination 16
administered statewide under KRS 158.6453(5)(b)5. if the exam is the ACT, or an 17
equivalent score, as determined by the authority, on the SAT administered by the 18
College Board, Inc.; 19
(4) "Authority" means the Kentucky Higher Education Assistance Authority; 20
(5) "Award period" means the fall and spring consecutive academic terms within one 21
(1) academic year; 22
(6) "Council" means the Council on Postsecondary Education created under KRS 23
164.011; 24
(7) "Eligible high school student" means any person who: 25
(a) Is a citizen, national, or permanent resident of the United States and Kentucky 26
resident; 27 UNOFFICIAL COPY 23 RS SB 9/GA
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(b) Was enrolled after July 1, 1998: 1
1. In a Kentucky high school for at least one hundred forty (140) days of 2
the minimum school term unless exempted by the authority's executive 3
director upon documentation of extreme hardship, while meeting the 4
KEES curriculum requirements, and was enrolled in a Kentucky high 5
school at the end of the academic year; 6
2. In a Kentucky high school for the fall academic term of the senior year 7
and who: 8
a. Was enrolled during the entire academic term; 9
b. Completed the high school's graduation requirements during the 10
fall academic term; and 11
c. Was not enrolled in a secondary school during any other academic 12
term of that academic year; or 13
3. In the Gatton Academy of Mathematics and Science in Kentucky, the 14
Craft Academy for Excellence in Science and Mathematics, or in high 15
school at a model and practice school under KRS 164.380 while meeting 16
the Kentucky educational excellence scholarship curriculum 17
requirements; 18
(c) Has a grade point average of 2.5 or above at the end of any academic year 19
beginning after July 1, 1998, or at the end of the fall academic term for a 20
student eligible under paragraph (b) 2. of this subsection; and 21
(d) Is not a convicted felon or has not been convicted of hazing under Section 2 22
or 3 of this Act; 23
(8) "Eligible postsecondary student" means a citizen, national, or permanent resident of 24
the United States and Kentucky resident, as determined by the participating 25
institution in accordance with criteria established by the council for the purposes of 26
admission and tuition assessment, who: 27 UNOFFICIAL COPY 23 RS SB 9/GA
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(a) Earned a KEES award; 1
(b) Has the required postsecondary GPA and credit hours required under KRS 2
164.7881; 3
(c) Has remaining semesters of eligibility under KRS 164.7881; 4
(d) Is enrolled in a participating institution as a part-time or full-time student; and 5
(e) Is not a convicted felon or has not been convicted of hazing under Section 2 6
or 3 of this Act; 7
(9) "Full-time student" means a student enrolled in a postsecondary program of study 8
that meets the full-time student requirements of the participating institution in 9
which the student is enrolled; 10
(10) "Grade point average" or "GPA" means the grade point average earned by an 11
eligible student and reported by the high school or participating institution in which 12
the student was enrolled based on a scale of 4.0 or its equivalent if the high school 13
or participating institution that the student attends does not use the 4.0 grade scale; 14
(11) "High school" means any Kentucky public high school, the Gatton Academy of 15
Mathematics and Science in Kentucky, the Craft Academy for Excellence in 16
Science and Mathematics, a high school of a model and practice school under KRS 17
164.380, and any private, parochial, or church school located in Kentucky that has 18
been certified by the Kentucky Board of Education as voluntarily complying with 19
curriculum, certification, and textbook standards established by the Kentucky Board 20
of Education under KRS 156.160; 21
(12) "KEES" or "Kentucky educational excellence scholarship" means a scholarship 22
provided under KRS 164.7871 to 164.7885; 23
(13) "KEES award" means: 24
(a) For an eligible high school student, the sum of the KEES base amount for 25
each academic year of high school plus any KEES supplemental amount, as 26
adjusted pursuant to KRS 164.7881; and 27 UNOFFICIAL COPY 23 RS SB 9/GA
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(b) For a student eligible under KRS 164.7879(3)(e), the KEES supplemental 1
amount as adjusted pursuant to KRS 164.7881; 2
(14) "KEES award maximum" means the sum of the KEES base amount earned in each 3
academic year of high school plus any KEES supplemental amount earned; 4
(15) "KEES base amount" or "base amount" means the amount earned by an eligible 5
high school student based on the student's GPA pursuant to KRS 164.7879; 6
(16) "KEES curriculum" means five (5) courses of study, except for students who meet 7
the criteria of subsection (7)(b)2. of this section, in an academic year as determined 8
in accordance with an administrative regulation promulgated by the authority; 9
(17) "KEES supplemental amount" means the amount earned by an eligible student 10
based on the student's ACT score pursuant to KRS 164.7879; 11
(18) "KEES trust fund" means the Wallace G. Wilkinson Kentucky educational 12
excellence scholarship trust fund; 13
(19) "On track to graduate" means the number of cumulative credit hours earned as 14
compared to the number of hours determined by the postsecondary education 15
institution as necessary to complete a bachelor's degree by the end of eight (8) 16
academic terms or ten (10) academic terms if a student is enrolled in an 17
undergraduate program that requires five (5) years of study; 18
(20) "Participating institution" means an "institution" as defined in KRS 164.001 that is 19
eligible to participate in the federal Pell Grant program, executes a contract with the 20
authority on terms the authority deems necessary or appropriate for the 21
administration of its programs, and: 22
(a) 1. Is publicly operated; 23
2. Is licensed by the Commonwealth of Kentucky and has operated for at 24
least ten (10) years, offers an associate or baccalaureate degree program 25
of study not comprised solely of sectarian instruction, and admits as 26
regular students only high school graduates, recipients of a High School 27 UNOFFICIAL COPY 23 RS SB 9/GA
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Equivalency Diploma, or students transferring from another accredited 1
degree granting institution; or 2
3. Is designated by the authority as an approved out-of-state institution that 3
offers a degree program in a field of study that is not offered at any 4
institution in the Commonwealth; and 5
(b) Continues to commit financial resources to student financial assistance 6
programs; and 7
(21) "Part-time student" means a student enrolled in a postsecondary program of study 8
who does not meet the full-time student requirements of the participating institution 9
in which the student is enrolled and who is enrolled for at least six (6) credit hours, 10
or the equivalent for an institution that does not use credit hours. 11
Section 6. This Act may be cited as Lofton's Law. 12