EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE NO. 2 FOR
SENATE BILL NO. 167
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
1005S.04P KRISTINA MARTIN, Secretary
AN ACT
To repeal section 578.365, RSMo, and to enact in lieu thereof one new section relating to the
offense of hazing, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 578.365, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 578.365, 2
to read as follows:3
578.365. 1. This section shall be known and may be 1
cited as "Danny's Law". 2
2. A person commits the offense of hazing if he or she 3
knowingly, actively, and not under duress participates in, 4
solicits another person to participate in, or causes or 5
plans a willful act, occurring on or off the campus of a 6
public or private college or university, directed against a 7
student or a prospective member , current member, or former 8
member of an organization operating under the sanction of a 9
public or private college or university, that recklessly 10
endangers the mental or physical health or safety of a 11
student or prospective member , current member, or former 12
member for the purpose of initiation or admission into or 13
continued membership in any such organization to the extent 14
that such person is knowingly placed at probable risk of the 15 SS#2 SB 167 2
loss of life or probable bodily or psychological harm. Acts 16
of hazing include: 17
(1) Any activity which reck lessly endangers the 18
physical health or safety of the student or prospective 19
member, current member, or former member , including but not 20
limited to physical brutality, whipping, beating, branding, 21
exposure to the elements, forced consumption of any foo d, 22
liquor, drug or other substance, or forced smoking or 23
chewing of tobacco products; 24
(2) Any activity which recklessly endangers the mental 25
health of the student or prospective member , current member, 26
or former member, including but not limited to sleep 27
deprivation, physical confinement, or other extreme stress - 28
inducing activity; or 29
(3) Any activity that requires the student or 30
prospective member, current member, or former member to 31
perform a duty or task which involves a violation of t he 32
criminal laws of this state or any political subdivision in 33
this state. 34
[2.] 3. Public or private colleges or universities in 35
this state shall adopt a written policy prohibiting hazing 36
by any organization operating under the sanction of the 37
institution. 38
[3.] 4. Nothing in this section shall be interpreted 39
as creating a new private cause of action against any 40
educational institution. 41
[4.] 5. Consent is not a defense to hazing. Section 42
565.010 does not apply to hazing cases or to homicide cases 43
arising out of hazing activity. 44
[5.] 6. The offense of hazing is a class A 45
misdemeanor, unless the act creates a substantial risk to 46
the life of the student [or], prospective member, current 47 SS#2 SB 167 3
member, or former member , in which case it is a class D 48
felony. 49
7. A person shall not be guilty of the offense of 50
hazing if the person establishes all of the following: 51
(1) That he was present at an event where, as a result 52
of hazing, a person appeared to be in need of immediate 53
medical assistance; 54
(2) That he was the first person to call 911 or campus 55
security to report the need for immediate medical assistance; 56
(3) That he provided his own name, the address where 57
immediate medical assistance was needed, and a desc ription 58
of the medical issue to the 911 operator or campus security 59
at the time of the call; and 60
(4) That he remained at the scene with the person in 61
need of immediate medical assistance until medical 62
assistance, law enforcement, or campus securi ty arrived and 63
that he cooperated with such personnel on the scene. 64
8. Notwithstanding subsection 7 of this section to the 65
contrary, a person shall be immune from prosecution under 66
this section if the person establishes that the person 67
rendered aid to the hazing victim before medical assistance, 68
law enforcement, or campus security arrived on the scene of 69
the hazing event. For purposes of this subsection, the term 70
"aid" includes, but is not limited to, rendering 71
cardiopulmonary resuscitation t o the victim, clearing an 72
airway for the victim to breathe, using a defibrillator to 73
assist the victim, or rendering any other assistance to the 74
victim that the person intended in good faith to stabilize 75
or improve the victim's condition while waiting for medical 76
assistance, law enforcement, or campus security to arrive. 77
9. For purposes of this section, the term "former 78
member" means a person who is no longer affiliated with the 79 SS#2 SB 167 4
chapter of the organization operating under the sanction of 80
the public or private college or university, but who may be 81
affiliated with the national chapter of the organization. 82