NM
New Mexico Senate Bill SB148

New Mexico 2025 Regular Session

New Mexico Senate Bill SB148 Compare Versions

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2828 SENATE BILL 148
2929 57
3030 TH LEGISLATURE
3131 -
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3333 STATE
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3535 OF
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3737 NEW
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3939 MEXICO
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Antonio Maestas
4848 AN ACT
4949 RELATING TO HAZING; ENACTING THE ANTI-HAZING ACT; CREATING THE
5050 CRIME OF HAZING; CREATING THE CRIME OF FAILING TO REPORT
5151 HAZING; CREATING A CIVIL CAUSE OF ACTION; PROVIDING FOR
5252 ADDITIONAL CONSEQUENCES; REQUIRING A CODE OF CONDUCT AND A
5353 HAZING PREVENTION COMMITTEE AT A POST-SECONDARY EDUCATIONAL
5454 INSTITUTION; REQUIRING HAZING PREVENTION EDUCATION; PROVIDING
5555 PENALTIES.
5656 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5757 SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
5858 cited as the "Anti-Hazing Act".
5959 SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
6060 Anti-Hazing Act:
6161 A. "great physical harm" means physical harm of a
6262 type that causes physical loss of a bodily member or organ or
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9090 functional loss of a bodily member or organ for a prolonged
9191 period of time;
9292 B. "great psychological harm" means psychological
9393 harm that causes mental or emotional incapacitation for a
9494 prolonged period of time or that causes extreme behavioral
9595 change or severe physical symptoms that require psychological
9696 or psychiatric care;
9797 C. "physical harm" means an injury to the body that
9898 causes substantial pain or incapacitation; and
9999 D. "student organization" means an organization at
100100 a public school, private school or public or private
101101 post-secondary educational institution, such as a club, a
102102 society, an association, a varsity or junior varsity athletic
103103 team, a club sports team, a fraternity, a sorority, a band or
104104 student government, in which two or more of the members are
105105 students enrolled at the public school, private school or
106106 public or private post-secondary educational institution,
107107 whether or not the organization is established or recognized by
108108 the public school, private school or public or private
109109 post-secondary educational institution.
110110 SECTION 3. [NEW MATERIAL] HAZING--FAILURE TO REPORT--
111111 PENALTIES.--
112112 A. Hazing consists of an intentional, knowing or
113113 reckless act committed by a student or prospective student,
114114 whether individually or in concert with other students or
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143143 prospective students, at a public school, private school or
144144 public or private post-secondary educational institution,
145145 against another student or prospective student, that:
146146 (1) is committed in the course of an
147147 initiation into, an affiliation with or the maintenance of
148148 membership in a student organization; and
149149 (2) causes or creates a risk, above the
150150 reasonable risk encountered in the course of participation in
151151 the public school, private school or public or private
152152 post-secondary educational institution, of physical or
153153 psychological injury, including:
154154 (a) whipping, beating, striking,
155155 electronic shocking, placing a harmful substance on someone's
156156 body or similar activity;
157157 (b) causing, coercing or otherwise
158158 inducing sleep deprivation, exposure to the elements,
159159 confinement in a small space, extreme calisthenics or other
160160 similar activity;
161161 (c) causing, coercing or otherwise
162162 inducing another person to consume food, liquid, alcohol, drugs
163163 or other substances;
164164 (d) causing, coercing or otherwise
165165 inducing another person to perform sexual acts;
166166 (e) an activity that places another
167167 person in reasonable fear of bodily harm through the use of
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196196 threatening words or conduct;
197197 (f) an activity against another person
198198 that includes a criminal violation of local, state, tribal or
199199 federal law; and
200200 (g) an activity that induces, causes or
201201 requires another person to perform a duty or task that involves
202202 a criminal violation of local, state, tribal or federal law.
203203 B. Whoever commits hazing is guilty of a
204204 misdemeanor.
205205 C. Whoever commits hazing that results in physical
206206 harm or great psychological harm to a student or prospective
207207 student is guilty of a fourth degree felony.
208208 D. Whoever commits hazing that results in great
209209 physical harm is guilty of a third degree felony.
210210 E. Whoever commits hazing that results in death is
211211 guilty of a second degree felony.
212212 F. Prosecution or conviction for a violation of a
213213 provision of this section does not preclude the prosecution or
214214 conviction under other applicable laws.
215215 G. It is not a defense to hazing if either of the
216216 following applies:
217217 (1) the victim or person against whom the
218218 hazing was directed acquiesced or consented, whether implied or
219219 expressed, to the conduct; or
220220 (2) the conduct was sanctioned or approved by
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249249 the student organization or the public school, private school
250250 or public or private post-secondary educational institution.
251251 H. Failure to report hazing consists of an
252252 administrator, a faculty member, a coach, an employee, an
253253 independent contractor performing or overseeing school
254254 functions or a volunteer of a student organization of a public
255255 school, private school or public or private post-secondary
256256 educational institution who knows or reasonably should know of
257257 hazing conduct or activity described in the Anti-Hazing Act and
258258 fails to report the incident to a law enforcement agency.
259259 I. Whoever commits failure to report hazing is
260260 guilty of a misdemeanor.
261261 J. The state department of justice and the district
262262 attorney in the county of jurisdiction have concurrent
263263 jurisdiction to enforce the provisions of the Anti-Hazing Act.
264264 SECTION 4. [NEW MATERIAL] CIVIL CAUSE OF ACTION--CREATION
265265 OF ORGANIZATIONAL LIABILITY--COLLATERAL CONSEQUENCES.--
266266 A. A person who is subjected to hazing may commence
267267 a civil action for injury or damages, including mental and
268268 physical pain and suffering, that result from the hazing. The
269269 action may be brought against:
270270 (1) participants in the hazing;
271271 (2) a student organization in which local or
272272 national directors, trustees or officers authorized, requested,
273273 commanded or tolerated the hazing;
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302302 (3) an administrator, a faculty member, a
303303 coach, an employee, an independent contractor performing or
304304 overseeing school functions or a volunteer of a student
305305 organization who knew or reasonably should have known of the
306306 hazing and did not make reasonable attempts to prevent it; or
307307 (4) a public school, private school or public
308308 or private post-secondary educational institution for failing
309309 to take reasonable steps that could have been taken to prevent
310310 the hazing or for the actions of an administrator, a faculty
311311 member, a coach, an employee, an independent contractor
312312 performing or overseeing school functions or a volunteer of a
313313 student organization pursuant to the provisions of this
314314 subsection.
315315 B. In addition to any civil liability prescribed in
316316 the Anti-Hazing Act, a person who participates in the hazing of
317317 another shall forfeit any entitlement to state-funded grants,
318318 scholarships or awards for a period of time determined by the
319319 public school, private school or public or private post-
320320 secondary educational institution.
321321 C. In addition to any civil liability prescribed in
322322 the Anti-Hazing Act, a student organization that knew or
323323 reasonably should have known of hazing by the student
324324 organization's members or others subject to the student
325325 organization's direction or control, and did not make
326326 reasonable attempts to prevent it, shall forfeit any official
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355355 recognition or approval granted by a public school, private
356356 school or public or private post-secondary educational
357357 institution.
358358 SECTION 5. [NEW MATERIAL] REQUIREMENTS FOR POST-SECONDARY
359359 EDUCATIONAL INSTITUTIONS--REQUIRING A CODE OF CONDUCT--HAZING
360360 PREVENTION EDUCATION--HAZING PREVENTION COMMITTEE.--
361361 A. A public or private post-secondary educational
362362 institution shall prohibit hazing committed on or off campus in
363363 the public or private post-secondary educational institution's
364364 student code of conduct.
365365 B. Beginning with the 2025 fall academic term, a
366366 public or private post-secondary educational institution shall
367367 provide students with an educational program on the signs and
368368 dangers of hazing that shall, at a minimum, include information
369369 regarding the educational institution's policy against hazing,
370370 reporting protocols, the educational institution's hazing
371371 awareness, prevention and intervention initiatives and the
372372 civil and criminal consequences of hazing. The educational
373373 program on hazing shall be provided to students during new
374374 student orientation and at the beginning of each new academic
375375 year and may be offered in person or virtually. The
376376 educational program shall be posted on the educational
377377 institution's public website for students, faculty members,
378378 employees, parents or legal guardians and volunteers to view.
379379 C. A public or private post-secondary educational
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408408 institution's materials on student rights and responsibilities
409409 provided to student organizations, either electronically or in
410410 hard copy form, shall include information on the dangers of
411411 hazing, as well as a statement on the institution's anti-hazing
412412 policy.
413413 D. A public or private post-secondary educational
414414 institution shall establish a hazing prevention committee to
415415 promote and address hazing prevention. The committee shall
416416 have a minimum of six members, including a designated chair
417417 appointed by the president or chancellor of the institution.
418418 Fifty percent of the committee members shall include students
419419 currently attending the public or private post-secondary
420420 educational institution, and at least one of the student
421421 positions shall be filled by a student from a student
422422 organization. The other fifty percent of the committee members
423423 shall include at least one faculty or staff member and one
424424 parent or legal guardian of a student currently enrolled at the
425425 institution. A student who is a member of a student
426426 organization for which a hazing violation was substantiated
427427 within the last twelve months may not participate in or be a
428428 member of the hazing prevention committee.
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