This bill would create a class 3 misdemeanor offense for participating or assisting in hazing. Hazing would be defined as an activity that endangers another person’s physical or mental health or safety for the purpose of intimidation. Authorized training activities conducted by members of the armed forces of the state of Colorado or the United States are specifically excluded from the definition of hazing. The bill requires that any student at an institution of higher education who is found guilty of hazing shall be immediately expelled, and shall not be eligible to apply for readmission to the institution until the start of the next academic year.

The bill may lead to increased litigation costs at institutions of higher education to respond to allegations of hazing. Therefore, the bill is assessed as having a state conditional fiscal impact. The bill would become effective July 1, 1998, and would apply to offenses committed on or after that date.

STATE FISCAL IMPACT SUMMARY	FY 1998/99	FY 1999/2000
State Revenues General Fund Other Fund	Possible Increased Fine Revenue
State Expenditures General Fund Other Fund	Possible Increased Litigation Costs
FTE Position Change	None	None
Local Government Impact — Possible impact on county jails.

Per Section 18-1-106, C.R.S., the penalty for a class 3 misdemeanor is six months imprisonment or a fine of up to $750, or both. The confinement is to be served in a county jail and the fines are to be deposited in the state General Fund. Because the courts have the discretion of incarceration or imposing a fine, the impact to the state General Fund cannot be determined. In addition, sufficient misdemeanor data is not available from the Judicial Branch at this time. It is also expected that any revenue collected through fines will be offset by the cost of prosecuting the misdemeanor.

The Colorado Commission on Higher Education indicates that the bill may result in increased litigation costs pertaining to incidents of hazing on college campuses. However, no dollar estimates related to increased attorney fees have been determined at this time. No other state fiscal impact has been identified.

The penalty for a class 3 misdemeanor is six months imprisonment or a fine of up to $750, or both. The confinement is to be served in a county jail and the fines are to be deposited in the state General Fund. Because the courts have the discretion of incarceration or imposing a fine, the impact at the local level cannot be determined. According to a 1993 State Auditor’s report, the average daily cost to house an offender in a county jail is $54. In addition, sufficient misdemeanor data is not available from the Judicial Branch at this time. It is assumed that the impact of this new misdemeanor will be minimal and will not create the need for additional jail space at the county level.

The fiscal note would imply that no appropriations or spending authority are required to implement the provisions of the bill.