Texas 2015 - 84th Regular

Texas Senate Bill SB33 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 33
2		-	(In the Senate - Filed November 10, 2014; January 26, 2015,
3		-	read first time and referred to Committee on Criminal Justice;
4		-	April 8, 2015, reported favorably by the following vote: Yeas 6,
5		-	Nays 0; April 8, 2015, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the offense of hazing.
12	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	8		SECTION 1. Section 37.151(6), Education Code, is amended to
14	9		read as follows:
15	10		(6) "Hazing" means any intentional, knowing, or
16	11		reckless act, occurring on or off the campus of an educational
17	12		institution, by one person alone or acting with others, directed
18	13		against a student[, that endangers the mental or physical health or
19	14		safety of a student] for the purpose of pledging, being initiated
20	15		into, affiliating with, holding office in, or maintaining
21	16		membership in an organization if the act:
22	17		(A) is[. The term includes:
23	18		[(A)] any type of physical brutality, such as
24	19		whipping, beating, striking, branding, electronic shocking,
25	20		placing of a harmful substance on the body, or similar activity;
26	21		(B) involves [any type of physical activity, such
27	22		as] sleep deprivation, exposure to the elements, confinement in a
28	23		small space, calisthenics, or other similar activity that subjects
29	24		the student to an unreasonable risk of harm or that adversely
30	25		affects the mental or physical health or safety of the student;
31	26		(C) involves [any activity involving]
32	27		consumption of a food, liquid, alcoholic beverage, liquor, drug, or
33	28		other substance, other than as described by Paragraph (F), that
34	29		subjects the student to an unreasonable risk of harm or that
35	30		adversely affects the mental or physical health or safety of the
36	31		student;
37	32		(D) is any activity that:
38	33		(i) a reasonable person would believe
39	34		intimidates or threatens the student with ostracism, [that]
40	35		subjects the student to extreme mental stress, shame, or
41	36		humiliation, [that] adversely affects the mental health or dignity
42	37		of the student, or discourages the student from entering or
43	38		remaining registered in an educational institution;[,] or
44	39		(ii) [that] may reasonably be expected to
45	40		cause the [a] student to leave the organization or the institution
46	41		rather than submit to the activity [acts described in this
47	42		subdivision]; [and]
48	43		(E) is any activity that induces, causes, or
49	44		requires the student to perform a duty or task that involves a
50	45		violation of a state or federal penal law or a penal ordinance of a
51	46		political subdivision; or
52	47		(F) involves coercing, as defined by Section
53	48		1.07, Penal Code, the student to consume an alcoholic beverage,
54	49		liquor, or drug or creates an environment in which the student
55	50		reasonably feels coerced to consume any of those substances [the
56	51		Penal Code].
57	52		SECTION 2. Section 37.155, Education Code, is amended to
58	53		read as follows:
59	54		Sec. 37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY
60	55		AVAILABLE. (a) In the prosecution of an offense under this
61	56		subchapter, the court may grant immunity from prosecution for the
62	57		offense to each person who is subpoenaed to testify for the
63	58		prosecution and who does testify for the prosecution.
64	59		(b) Any person who voluntarily reports [reporting] a
65	60		specific hazing incident involving a student in an educational
66	61		institution to the dean of students or other appropriate official
67	62		of the institution is immune from civil or criminal liability that
68	63		might otherwise be incurred or imposed as a result of the reported
69	64		hazing incident if the person:
70	65		(1) reports the incident before being contacted by the
71	66		institution concerning the incident or otherwise being included in
72	67		the institution's investigation of the incident; and
73	68		(2) as determined by the dean of students or other
74	69		appropriate official of the institution designated by the
75	70		institution, cooperates in good faith throughout any institutional
76	71		process regarding the incident [report].
77	72		(c) Immunity under Subsection (b) extends to participation
78	73		in any judicial proceeding resulting from the report.
79	74		(d) A person is not immune under Subsection (b) if the
80	75		person:
81	76		(1) reports the person's own act of hazing; or
82	77		(2) reports an incident of hazing [reporting] in bad
83	78		faith or with malice [is not protected by this section].
84	79		SECTION 3. Subchapter F, Chapter 37, Education Code, is
85	80		amended by adding Section 37.158 to read as follows:
86	81		Sec. 37.158. VENUE. (a) In this section, "prosecuting
87	82		attorney" means a county attorney, district attorney, or criminal
88	83		district attorney.
89	84		(b) An offense under this subchapter may be prosecuted:
90	85		(1) in any county in which the offense may be
91	86		prosecuted under other law; or
92	87		(2) if the consent required by Subsection (c) is
93	88		provided, in a county, other than a county described by Subdivision
94	89		(1), in which is located the educational institution campus at
95	90		which a victim of the offense is enrolled.
96	91		(c) An offense under this subchapter may be prosecuted in a
97	92		county described by Subsection (b)(2) only with the written consent
98	93		of a prosecuting attorney of a county described by Subsection
99	94		(b)(1) who has authority to prosecute an offense under this
100	95		subchapter.
101	96		SECTION 4. Section 51.936(c), Education Code, is amended to
102	97		read as follows:
103		-	(c) Not later than the 21st day of each semester, ~~each~~
104		-	[Each] postsecondary educational institution shall distribute to
105		-	each student enrolled at the institution [during the first three
	98	+	(c) Not later than the 21st day of each semester,
	99	+	each [Each] postsecondary educational institution shall distribute
	100	+	to each student enrolled at the institution [during the first three
106	101		weeks of each semester]:
107	102		(1) a summary of the provisions of Subchapter F,
108	103		Chapter 37; and
109	104		(2) a list of organizations that have been disciplined
110	105		for hazing or convicted for hazing on or off the campus of the
111	106		institution during the preceding three years.
112	107		SECTION 5. The change in law made by this Act applies only
113	108		to an offense committed on or after the effective date of this Act.
114	109		An offense committed before the effective date of this Act is
115	110		governed by the law in effect when the offense was committed, and
116	111		the former law is continued in effect for that purpose. For
117	112		purposes of this section, an offense was committed before the
118	113		effective date of this Act if any element of the offense was
119	114		committed before that date.
120	115		SECTION 6. Section 37.155, Education Code, as amended by
121	116		this Act, applies only to a civil cause of action that accrues on or
122	117		after the effective date of this Act. An action that accrued before
123	118		the effective date of this Act is governed by the law in effect at
124	119		the time the action accrued, and that law is continued in effect for
125	120		that purpose.
126	121		SECTION 7. This Act takes effect September 1, 2015.
127		-	* * * * *