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20LSO-0487
2020
STATE OF WYOMING
20LSO-0487
Numbered
2.0
HOUSE BILL NO. HB0152
Student hazing.
Sponsored by: Representative(s) Stith and Western and Senator(s) Anselmi-Dalton
A BILL
for
AN ACT relating to crimes and offenses; creating the crime of hazing; creating penalties; defining terms; requiring school districts and postsecondary institutions to publish and distribute hazing information to students; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 6
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2
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512 and 21
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25
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101 are created to read:
6
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2
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512.
Hazing.
(a)
As used in this section, "hazing" means any conduct or method of initiation into any student organization, club, association, fraternity or sorority which is part of the institution or is recognized by the institution or permitted by the institution to use its name or facilities, whether on public or private property, that willfully or recklessly endangers the physical or mental health of any student or other person. Hazing includes whipping, beating, branding, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of the student or other person, or which subjects the student or other person to extreme mental distress, including extended deprivation of sleep or rest or extended isolation. Hazing does not include strength conditioning or other athletic training related to a bona fide activity.
(b)
A person is guilty of hazing if the person intentionally commits or is actively involved in the
planning of any act of hazing that results in bodily injury or mental injury.
(c)
Except as provided under subsection (d) of this section, hazing is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(d)
A person convicted of hazing under subsection (b) of this section is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both if the act results in serious bodily injury or death to another person.
(e)
Notwithstanding any other provisions of law, consent shall not be available as a defense to any prosecution under this section.
(f)
As used in this section:
(i)
"Institution" means a public or private high school, community college or university;
(ii)
"Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture.
ARTICLE 2
HAZING PREVENTION
21
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25
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101.
Hazing prohibition notification.
(a)
The board of trustees or governing body of each institution of secondary education and board of trustees or governing body of each public and private institution of postsecondary education shall issue to every student organization, club, association, fraternity and sorority and student a copy of W.S. 6
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2
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512. An institution's compliance with this subsection shall not constitute
evidence of the institution's endorsement of the student organization, club, association, fraternity or sorority.
(b)
Each student organization, club, association, fraternity and sorority provided a copy of W.S. 6
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2
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512 as set forth in subsection (a) of this section shall distribute a copy to each of its members and applicants for membership. It shall be the duty of each student organization, club, association, fraternity and sorority to provide a written acknowledgement to the institution's board of trustees or governing body stating that the student organization, club, association, fraternity and sorority has received a copy of W.S. 6
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2
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512, that each of its members and applicants for membership have received a copy of W.S. 6
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2
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512 and that the members of the organization, club, association, fraternity and sorority understand and agree not to commit acts of hazing and to follow any anti
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hazing policies of the institution.
Section 2
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This act is effective July 1, 2020
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(END)
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HB0152