NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5200
SPONSOR: Weprin (MS) TITLE OF BILL:
An act to amend the penal law, in relation to prohibiting physical
contact or activity in any organization's initiating ceremony
PURPOSE:
To address the issues of hazing and reckless conduct that causes phys-
ical harm to students during the initiation or affiliation ceremonies of
fraternities and other student organizations.
SUMMARY OF PROVISIONS:
Section 1. Amends 120.16 of the penal law, expanding rules regarding the
prohibition against hazing to include a person is guilty of hazing in
the first degree when in the course of another person's initiation into
or affiliation with any organization when such person engages in inten-
tionally or recklessly conduct. This includes engaging physical contact
or requiring physical activity during the initiation or affiliation
ceremonies, which creates a substantial risk of physical injury to such
other person or a third person and thereby causes such injury.
JUSTIFICATION:
On December 8, 2013, Chen "Michael" Deng, a 19 year old college student
attending Baruch College, died as the result of a hazing ritual known as
'glass ceiling', in which he suffered a massive head injury after he was
blindfolded and forced to lug a knapsack loaded with 20 pounds of sand
as fraternity members repeatedly took him down. Although New York State
currently has several laws in place to prohibit hazing, these incidents
have not decreased. During the initiation or affiliation ceremonies of
fraternities, students continue to be placed in a situation in which
their own safety is jeopardized.
This bill would prevent the deaths or serious injuries of students by
prohibiting all physical conduct and physical activities required from
the fraternities during the pledging ceremonies. Under this legislation,
those who engage in the reckless activities of hazing would be guilty of
hazing the first degree.
Hazing incidents occurring on and off New York State campuses are intol-
erable and preventable. If implemented, this legislation would provide
the necessary safety measures to deter harmful behavior and help ensure
that all of the students attending New York State institutions are
protected from the substantial risks caused by hazing.
LEGISLATIVE HISTORY:
2014 S.6337A/A.8426A.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
