Texas 2017 - 85th Regular

Texas Senate Bill SB50 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Zaffirini, et al. S.B. No. 50
2	2	(Lozano)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the offense of hazing.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.151(6), Education Code, is amended to
10	10	read as follows:
11	11	(6) "Hazing" means any intentional, knowing, or
12	12	reckless act, occurring on or off the campus of an educational
13	13	institution, by one person alone or acting with others, directed
14	14	against a student[, that endangers the mental or physical health or
15	15	safety of a student] for the purpose of pledging, being initiated
16	16	into, affiliating with, holding office in, or maintaining
17	17	membership in an organization if the act:
18	18	(A) is[. The term includes:
19	19	[(A)] any type of physical brutality, such as
20	20	whipping, beating, striking, branding, electronic shocking,
21	21	placing of a harmful substance on the body, or similar activity;
22	22	(B) involves [any type of physical activity, such
23	23	as] sleep deprivation, exposure to the elements, confinement in a
24	24	small space, calisthenics, or other similar activity that subjects
25	25	the student to an unreasonable risk of harm or that adversely
26	26	affects the mental or physical health or safety of the student;
27	27	(C) involves [any activity involving]
28	28	consumption of a food, liquid, alcoholic beverage, liquor, drug, or
29	29	other substance, other than as described by Paragraph (F), that
30	30	subjects the student to an unreasonable risk of harm or that
31	31	adversely affects the mental or physical health or safety of the
32	32	student;
33	33	(D) is any activity that:
34	34	(i) a reasonable person would believe
35	35	intimidates or threatens the student with ostracism, [that]
36	36	subjects the student to extreme mental stress, shame, or
37	37	humiliation, [that] adversely affects the mental health or dignity
38	38	of the student, or discourages the student from entering or
39	39	remaining registered in an educational institution;[,] or
40	40	(ii) [that] may reasonably be expected to
41	41	cause the [a] student to leave the organization or the institution
42	42	rather than submit to the activity [acts described in this
43	43	subdivision]; [and]
44	44	(E) is any activity that induces, causes, or
45	45	requires the student to perform a duty or task that involves a
46	46	violation of the Penal Code; or
47	47	(F) involves coercing, as defined by Section
48	48	1.07, Penal Code, the student to consume an alcoholic beverage,
49	49	liquor, or drug.
50	50	SECTION 2. Section 37.155, Education Code, is amended to
51	51	read as follows:
52	52	Sec. 37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY
53	53	AVAILABLE. (a) In the prosecution of an offense under this
54	54	subchapter, the court may grant immunity from prosecution for the
55	55	offense to each person who is subpoenaed to testify for the
56	56	prosecution and who does testify for the prosecution.
57	57	(b) Any person who voluntarily reports [reporting] a
58	58	specific hazing incident involving a student in an educational
59	59	institution to the dean of students or other appropriate official
60	60	of the institution is immune from civil or criminal liability that
61	61	might otherwise be incurred or imposed as a result of the reported
62	62	hazing incident if the person:
63	63	(1) reports the incident before being contacted by the
64	64	institution concerning the incident or otherwise being included in
65	65	the institution's investigation of the incident; and
66	66	(2) as determined by the dean of students or other
67	67	appropriate official of the institution designated by the
68	68	institution, cooperates in good faith throughout any institutional
69	69	process regarding the incident [report].
70	70	(c) Immunity under Subsection (b) extends to participation
71	71	in any judicial proceeding resulting from the report.
72	72	(d) A person is not immune under Subsection (b) if the
73	73	person:
74	74	(1) reports the person's own act of hazing; or
75	75	(2) reports an incident of hazing [reporting] in bad
76	76	faith or with malice [is not protected by this section].
77	77	SECTION 3. Subchapter F, Chapter 37, Education Code, is
78	78	amended by adding Section 37.158 to read as follows:
79	79	Sec. 37.158. VENUE. (a) In this section, "prosecuting
80	80	attorney" means a county attorney, district attorney, or criminal
81	81	district attorney.
82	82	(b) An offense under this subchapter may be prosecuted:
83	83	(1) in any county in which the offense may be
84	84	prosecuted under other law; or
85	85	(2) if the consent required by Subsection (c) is
86	86	provided, in a county, other than a county described by Subdivision
87	87	(1), in which is located the educational institution campus at
88	88	which a victim of the offense is enrolled.
89	89	(c) An offense under this subchapter may be prosecuted in a
90	90	county described by Subsection (b)(2) only with the written consent
91	91	of a prosecuting attorney of a county described by Subsection
92	92	(b)(1) who has authority to prosecute an offense under this
93	93	subchapter.
94	94	SECTION 4. Section 51.936(c), Education Code, is amended to
95	95	read as follows:
96	96	(c) Not later than the 21st day of each semester, each
97	97	[Each] postsecondary educational institution shall distribute to
98	98	each student enrolled at the institution [during the first three
99	99	weeks of each semester]:
100	100	(1) a summary of the provisions of Subchapter F,
101	101	Chapter 37; and
102	102	(2) a list of organizations that have been disciplined
103	103	for hazing or convicted for hazing on or off the campus of the
104	104	institution during the preceding three years.
105	105	SECTION 5. The change in law made by this Act applies only
106	106	to an offense committed on or after the effective date of this Act.
107	107	An offense committed before the effective date of this Act is
108	108	governed by the law in effect when the offense was committed, and
109	109	the former law is continued in effect for that purpose. For
110	110	purposes of this section, an offense was committed before the
111	111	effective date of this Act if any element of the offense was
112	112	committed before that date.
113	113	SECTION 6. Section 37.155, Education Code, as amended by
114	114	this Act, applies only to a civil cause of action that accrues on or
115	115	after the effective date of this Act. An action that accrued before
116	116	the effective date of this Act is governed by the law in effect at
117	117	the time the action accrued, and that law is continued in effect for
118	118	that purpose.
119	119	SECTION 7. This Act takes effect September 1, 2017.