underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 148
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO HAZING; ENACTING THE ANTI-HAZING ACT; CREATING THE
CRIME OF HAZING; CREATING THE CRIME OF FAILING TO REPORT
HAZING; CREATING A CIVIL CAUSE OF ACTION; PROVIDING FOR
ADDITIONAL CONSEQUENCES; REQUIRING A CODE OF CONDUCT AND A
HAZING PREVENTION COMMITTEE AT A POST-SECONDARY EDUCATIONAL
INSTITUTION; REQUIRING HAZING PREVENTION EDUCATION; PROVIDING
PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Anti-Hazing Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Anti-Hazing Act:
A. "great physical harm" means physical harm of a
type that causes physical loss of a bodily member or organ or
.229238.2SA underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
functional loss of a bodily member or organ for a prolonged
period of time;
B. "great psychological harm" means psychological
harm that causes mental or emotional incapacitation for a
prolonged period of time or that causes extreme behavioral
change or severe physical symptoms that require psychological
or psychiatric care;
C. "physical harm" means an injury to the body that
causes substantial pain or incapacitation; and
D. "student organization" means an organization at
a public school, private school or public or private
post-secondary educational institution, such as a club, a
society, an association, a varsity or junior varsity athletic
team, a club sports team, a fraternity, a sorority, a band or
student government, in which two or more of the members are
students enrolled at the public school, private school or
public or private post-secondary educational institution,
whether or not the organization is established or recognized by
the public school, private school or public or private
post-secondary educational institution.
SECTION 3. [NEW MATERIAL] HAZING--FAILURE TO REPORT--
PENALTIES.--
A. Hazing consists of an intentional, knowing or
reckless act committed by a student or prospective student,
whether individually or in concert with other students or
.229238.2SA
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
prospective students, at a public school, private school or
public or private post-secondary educational institution,
against another student or prospective student, that:
(1) is committed in the course of an
initiation into, an affiliation with or the maintenance of
membership in a student organization; and
(2) causes or creates a risk, above the
reasonable risk encountered in the course of participation in
the public school, private school or public or private
post-secondary educational institution, of physical or
psychological injury, including:
(a) whipping, beating, striking,
electronic shocking, placing a harmful substance on someone's
body or similar activity;
(b) causing, coercing or otherwise
inducing sleep deprivation, exposure to the elements,
confinement in a small space, extreme calisthenics or other
similar activity;
(c) causing, coercing or otherwise
inducing another person to consume food, liquid, alcohol, drugs
or other substances;
(d) causing, coercing or otherwise
inducing another person to perform sexual acts;
(e) an activity that places another
person in reasonable fear of bodily harm through the use of
.229238.2SA
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
threatening words or conduct;
(f) an activity against another person
that includes a criminal violation of local, state, tribal or
federal law; and
(g) an activity that induces, causes or
requires another person to perform a duty or task that involves
a criminal violation of local, state, tribal or federal law.
B. Whoever commits hazing is guilty of a
misdemeanor.
C. Whoever commits hazing that results in physical
harm or great psychological harm to a student or prospective
student is guilty of a fourth degree felony.
D. Whoever commits hazing that results in great
physical harm is guilty of a third degree felony.
E. Whoever commits hazing that results in death is
guilty of a second degree felony.
F. Prosecution or conviction for a violation of a
provision of this section does not preclude the prosecution or
conviction under other applicable laws.
G. It is not a defense to hazing if either of the
following applies:
(1) the victim or person against whom the
hazing was directed acquiesced or consented, whether implied or
expressed, to the conduct; or
(2) the conduct was sanctioned or approved by
.229238.2SA
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the student organization or the public school, private school
or public or private post-secondary educational institution.
H. Failure to report hazing consists of an
administrator, a faculty member, a coach, an employee, an
independent contractor performing or overseeing school
functions or a volunteer of a student organization of a public
school, private school or public or private post-secondary
educational institution who knows or reasonably should know of
hazing conduct or activity described in the Anti-Hazing Act and
fails to report the incident to a law enforcement agency.
I. Whoever commits failure to report hazing is
guilty of a misdemeanor.
J. The state department of justice and the district
attorney in the county of jurisdiction have concurrent
jurisdiction to enforce the provisions of the Anti-Hazing Act.
SECTION 4. [NEW MATERIAL] CIVIL CAUSE OF ACTION--CREATION
OF ORGANIZATIONAL LIABILITY--COLLATERAL CONSEQUENCES.--
A. A person who is subjected to hazing may commence
a civil action for injury or damages, including mental and
physical pain and suffering, that result from the hazing. The
action may be brought against:
(1) participants in the hazing;
(2) a student organization in which local or
national directors, trustees or officers authorized, requested,
commanded or tolerated the hazing;
.229238.2SA
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(3) an administrator, a faculty member, a
coach, an employee, an independent contractor performing or
overseeing school functions or a volunteer of a student
organization who knew or reasonably should have known of the
hazing and did not make reasonable attempts to prevent it; or
(4) a public school, private school or public
or private post-secondary educational institution for failing
to take reasonable steps that could have been taken to prevent
the hazing or for the actions of an administrator, a faculty
member, a coach, an employee, an independent contractor
performing or overseeing school functions or a volunteer of a
student organization pursuant to the provisions of this
subsection.
B. In addition to any civil liability prescribed in
the Anti-Hazing Act, a person who participates in the hazing of
another shall forfeit any entitlement to state-funded grants,
scholarships or awards for a period of time determined by the
public school, private school or public or private post-
secondary educational institution.
C. In addition to any civil liability prescribed in
the Anti-Hazing Act, a student organization that knew or
reasonably should have known of hazing by the student
organization's members or others subject to the student
organization's direction or control, and did not make
reasonable attempts to prevent it, shall forfeit any official
.229238.2SA
- 6 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
recognition or approval granted by a public school, private
school or public or private post-secondary educational
institution.
SECTION 5. [NEW MATERIAL] REQUIREMENTS FOR POST-SECONDARY
EDUCATIONAL INSTITUTIONS--REQUIRING A CODE OF CONDUCT--HAZING
PREVENTION EDUCATION--HAZING PREVENTION COMMITTEE.--
A. A public or private post-secondary educational
institution shall prohibit hazing committed on or off campus in
the public or private post-secondary educational institution's
student code of conduct.
B. Beginning with the 2025 fall academic term, a
public or private post-secondary educational institution shall
provide students with an educational program on the signs and
dangers of hazing that shall, at a minimum, include information
regarding the educational institution's policy against hazing,
reporting protocols, the educational institution's hazing
awareness, prevention and intervention initiatives and the
civil and criminal consequences of hazing. The educational
program on hazing shall be provided to students during new
student orientation and at the beginning of each new academic
year and may be offered in person or virtually. The
educational program shall be posted on the educational
institution's public website for students, faculty members,
employees, parents or legal guardians and volunteers to view.
C. A public or private post-secondary educational
.229238.2SA
- 7 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
institution's materials on student rights and responsibilities
provided to student organizations, either electronically or in
hard copy form, shall include information on the dangers of
hazing, as well as a statement on the institution's anti-hazing
policy.
D. A public or private post-secondary educational
institution shall establish a hazing prevention committee to
promote and address hazing prevention. The committee shall
have a minimum of six members, including a designated chair
appointed by the president or chancellor of the institution.
Fifty percent of the committee members shall include students
currently attending the public or private post-secondary
educational institution, and at least one of the student
positions shall be filled by a student from a student
organization. The other fifty percent of the committee members
shall include at least one faculty or staff member and one
parent or legal guardian of a student currently enrolled at the
institution. A student who is a member of a student
organization for which a hazing violation was substantiated
within the last twelve months may not participate in or be a
member of the hazing prevention committee.
- 8 -
.229238.2SA