This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980552.01 JBB
SENATE BILL 98106
STATE OF COLORADO
BY SENATOR Phillips;
also REPRESENTATIVE Gotlieb.
REENGROSSED
JUDICIARY
A BILL FOR AN ACT
CONCERNING PROHIBITION AGAINST HAZING.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Establishes a class 3 misdemeanor offense for participating
or assisting in hazing. Defines hazing as engaging in or requiring
another person to engage in activity that endangers the physical
or mental health or safety of the other person for the purpose
of intimidation. Specifies several actions that may constitute
hazing. Excludes authorized military training from the definition
of hazing. Requires that, upon conviction, a student at an institution
of higher education shall be suspended for the remainder of the
academic year.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 9 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
189124. Hazing penalties. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "CRIMINAL ASSOCIATION OR ORGANIZATION" MEANS A GROUP OF TWO OR MORE PERSONS WHO ENGAGE IN RACKETEERING ACTIVITY AS DEFINED IN SECTION 1817103 (5).
(b) "ENDANGERING THE EMOTIONAL HEALTH" MEANS ANY FORCED ACTIVITY, EXCEPT THOSE AUTHORIZED BY LAW, THAT SUBJECTS AN INDIVIDUAL TO SEVERE EMOTIONAL DISTRESS INCLUDING BUT NOT LIMITED TO SLEEP DEPRIVATION OR ANY OTHER FORCED ACTIVITY THAT CAUSES SEVERE EMOTIONAL DISTRESS TO THE INDIVIDUAL.
(c) "ENDANGERING THE PHYSICAL HEALTH OR SAFETY" MEANS ANY BRUTALITY OF A PHYSICAL NATURE INCLUDING BUT NOT LIMITED TO: WHIPPING; BEATING; BRANDING; EXPOSURE TO THE ELEMENTS; FORCED CONSUMPTION OF ANY SUBSTANCE INCLUDING BUT NOT LIMITED TO FERMENTED MALT BEVERAGE AS DEFINED IN SECTION 1246103 (1), C.R.S., ALCOHOLIC BEVERAGE, AS DEFINED IN SECTION 1247103 (2), C.R.S., DRUGS, OR CONTROLLED SUBSTANCES AS DEFINED IN SECTION 1818102 (5), C.R.S.
(d) "FORCED ACTIVITY" INCLUDES BUT IS NOT LIMITED TO ANY ACTIVITY DIRECTLY OR INDIRECTLY REQUIRED FOR ADMISSION INTO OR AFFILIATION WITH ANY STUDENT SOCIAL ASSOCIATION OR ORGANIZATION OR CRIMINAL ASSOCIATION OR ORGANIZATION EVEN IF THE PERSON SEEKING ADMISSION OR AFFILIATION WILLINGLY PARTICIPATES IN THE ACTIVITY.
(e) "HAZING" MEANS ANY FORCED ACTIVITY THAT RECKLESSLY OR KNOWINGLY ENDANGERS THE EMOTIONAL HEALTH OR PHYSICAL HEALTH OR SAFETY OF ANOTHER PERSON FOR THE PURPOSE OF INITIATION OR ADMISSION INTO OR AFFILIATION WITH ANY STUDENT SOCIAL ASSOCIATION OR ORGANIZATION; EXCEPT THAT "HAZING" SHALL NOT INCLUDE AUTHORIZED TRAINING ACTIVITIES CONDUCTED BY MEMBERS OF THE ARMED FORCES OF THE STATE OF COLORADO OR THE UNITED STATES.
ORGANIZATION OR CRIMINAL ASSOCIATION OR ORGANIZATION.
(f) "STUDENT SOCIAL ASSOCIATION OR ORGANIZATION" MEANS A FRATERNITY, SORORITY, ASSOCIATION, OR SOCIAL GROUP OPERATING AT OR IN CONJUNCTION WITH AN EDUCATIONAL INSTITUTION WHOSE MEMBERS ARE OR INCLUDE STUDENTS.
(2) IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE OR PARTICIPATE IN HAZING.
(3) ANY PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR.
SECTION 2. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.