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5 | 5 | | 2025 -- S 0203 |
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6 | 6 | | ======== |
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7 | 7 | | LC000938 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO CRIMINAL OFFENSES -- HAZING |
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16 | 16 | | Introduced By: Senators McKenney, Sosnowski, LaMountain, and Bissaillon |
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17 | 17 | | Date Introduced: February 07, 2025 |
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18 | 18 | | Referred To: Senate Judiciary |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Sections 11-21-1, 11-21-2 and 11-21-3 of the General Laws in Chapter 11-1 |
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23 | 23 | | 21 entitled "Hazing" are hereby amended to read as follows: 2 |
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24 | 24 | | 11-21-1. Penalty for hazing. 3 |
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25 | 25 | | (a) Any organizer of, or participant in, an activity constituting hazing, as defined in 4 |
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26 | 26 | | subsection (b) of this section, § 11-21-5, shall be guilty of a misdemeanor and, upon conviction, 5 |
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27 | 27 | | shall be fined not more than five hundred dollars ($500), or punished by imprisonment for not less 6 |
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28 | 28 | | than thirty (30) days nor not more than one year, or both. 7 |
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29 | 29 | | (b) “Hazing” as used in this chapter, means any conduct or method of initiation into any 8 |
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30 | 30 | | student organization, whether on public or private property, which willfully or recklessly endangers 9 |
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31 | 31 | | the physical or mental health of any student or other person. This conduct shall include, but not be 10 |
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32 | 32 | | limited to, whipping, beating, branding, forced calisthenics, exposure to the weather, forced 11 |
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33 | 33 | | consumption of any food, liquor, beverage, drug, or other substance, or any brutal treatment or 12 |
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34 | 34 | | forced physical activity which is likely to adversely affect the physical health or safety of the 13 |
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35 | 35 | | student or any other person, or which subjects the student or other person to extreme mental stress, 14 |
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36 | 36 | | including extended deprivation of sleep or rest or extended isolation. 15 |
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37 | 37 | | 11-21-2. Penalty for school official permitting hazing. 16 |
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38 | 38 | | Every person, being a teacher, superintendent, commandant, coach, or other person in 17 |
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39 | 39 | | charge of any public, private, parochial, or military school, college or other educational institution, 18 |
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40 | 40 | | or student organization, who shall knowingly permit any activity constituting hazing, as defined in 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000938 - Page 2 of 4 |
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44 | 44 | | § 11-21-1 § 11-21-5 or knowingly or negligently fails to take reasonable measures within the scope 1 |
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45 | 45 | | of their authority to prevent hazing, shall be guilty of a misdemeanor and shall be fined not less 2 |
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46 | 46 | | than ten dollars ($10.00) nor more than one hundred dollars ($100) less than one thousand dollars 3 |
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47 | 47 | | ($1000), or punished by imprisonment for not more than one year, or both. 4 |
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48 | 48 | | 11-21-3. Tattooing or permanent disfigurement. Serious bodily injury due to hazing. 5 |
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49 | 49 | | Every person being a student, or being a person in attendance at any public, private, 6 |
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50 | 50 | | parochial, or military school, college, or other educational institution, who shall tattoo or knowingly 7 |
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51 | 51 | | and willfully cause serious injury to any person toward whom an act of hazing is directed 8 |
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52 | 52 | | permanently disfigure the body, limbs, or features of any fellow student or person attending the 9 |
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53 | 53 | | institution by the use of nitrate of silver or any like substance, or by any other means, shall be held 10 |
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54 | 54 | | guilty of a crime of the degree of mayhem, and shall, upon conviction, be imprisoned not exceeding 11 |
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55 | 55 | | ten (10) years nor less than one year. 12 |
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56 | 56 | | SECTION 2. Chapter 11-21 of the General Laws entitled "Hazing" is hereby amended by 13 |
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57 | 57 | | adding thereto the following sections: 14 |
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58 | 58 | | 11-21-4. Consent. 15 |
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59 | 59 | | The implied or express consent of any person toward whom an act of hazing is directed 16 |
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60 | 60 | | shall not be a defense in any action brought under this chapter. 17 |
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61 | 61 | | 11-21-5. Definitions. 18 |
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62 | 62 | | As used in this chapter: 19 |
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63 | 63 | | (1) "Hazing" means any conduct or method of initiation into any student organization, 20 |
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64 | 64 | | whether on public or private property, which willfully or recklessly endangers the physical or 21 |
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65 | 65 | | mental health of any student or other person. This conduct shall include, but not be limited to, 22 |
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66 | 66 | | whipping, beating, branding, tattooing, forced calisthenics, exposure to the weather, forced 23 |
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67 | 67 | | consumption of any food, liquor, beverage, drug, or other substance, or any brutal treatment or 24 |
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68 | 68 | | forced physical activity which is likely to adversely affect the physical health or safety of the 25 |
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69 | 69 | | student or any other person, or which subjects the student or other person to extreme mental stress, 26 |
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70 | 70 | | including extended deprivation of sleep or rest or extended isolation. 27 |
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71 | 71 | | (2) "Serious bodily injury" means physical injury that creates a substantial risk of death or 28 |
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72 | 72 | | causes serious physical disfigurement or protracted loss or impairment of the function of any bodily 29 |
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73 | 73 | | member or organ. 30 |
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74 | 74 | | (3) "Student" means any person regularly enrolled on a full-time or part-time basis as a 31 |
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75 | 75 | | student in an educational institution. 32 |
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76 | 76 | | (4) "Student organization" means a fraternity, sorority, association, corporation, order, 33 |
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77 | 77 | | society, corps, athletic group, cooperative, club, or service, social or similar group, whose members 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000938 - Page 3 of 4 |
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81 | 81 | | are or include students, operating at or in conjunction with an educational institution. 1 |
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82 | 82 | | 11-21-6. Immunity from legal repercussions. 2 |
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83 | 83 | | Any person who, in good faith, without malice and in the absence of evidence of an intent 3 |
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84 | 84 | | to defraud, seeks medical assistance for someone experiencing physical or mental harm as the direct 4 |
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85 | 85 | | act of hazing, shall not be charged or prosecuted for any crime related to hazing as defined in § 11-5 |
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86 | 86 | | 21-5. 6 |
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87 | 87 | | SECTION 3. This act shall take effect upon passage. 7 |
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88 | 88 | | ======== |
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89 | 89 | | LC000938 |
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91 | 91 | | |
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92 | 92 | | |
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93 | 93 | | LC000938 - Page 4 of 4 |
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94 | 94 | | EXPLANATION |
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95 | 95 | | BY THE LEGISLATIVE COUNCIL |
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96 | 96 | | OF |
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97 | 97 | | A N A C T |
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98 | 98 | | RELATING TO CRIMINAL OFFENSES -- HAZING |
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99 | 99 | | *** |
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100 | 100 | | This act would add definitions to the prohibition of hazing, make coaches and others 1 |
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101 | 101 | | responsible for knowingly failing to take reasonable measures to prevent hazing and would punish 2 |
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102 | 102 | | serious bodily injury by up to ten (10) years in imprisonment. This act would also increase the civil 3 |
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103 | 103 | | and criminal penalties for hazing and permitting hazing. 4 |
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104 | 104 | | This act would take effect upon passage. 5 |
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106 | 106 | | LC000938 |
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