Current Status Bill Number:215 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970121 Primary Sponsor:Rose All Sponsors:Rose and Cork Drafted Document Number:res1222.mtr Companion Bill Number:3293 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Hazing, penalties revised; Crimes and Offenses, Colleges and Universities
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970121 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTIONS 16-3-510 AND 16-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF HAZING, SO AS TO REDEFINE THE APPLICATION OF THIS OFFENSE, AND TO MODIFY AND REVISE THE PENALTIES; AND TO REPEAL SECTION 59-101-200, RELATING TO HAZING AT STATE-SUPPORTED UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-510 of the 1976 Code is amended to read:
"Section 16-3-510. It is unlawful for any person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to any person for the purpose of initiation or admission into or affiliation with any chartered student, fraternal, or sororal chartered organization. Fraternity, sorority, or other organization for purposes of this section means those chartered fraternities, sororities, or other organizations operating in connection with a school, college, or university, but shall not include fraternal organizations with a minimum age limit of twenty-one that do not operate in connection with a school, college, or university. This section does not include customary athletic events or similar contests or competitions, or military training whether state, federal, or educational.
(A) For purposes of this section:
(1) `Student' means a person enrolled in a state university, college, or other public institution of higher learning.
(2) `Superior student' means a student who has attended a state university, college, or other public institution of higher learning longer than another student, or who by custom, practice, or policy of a fraternity, sorority or other organization, has greater membership rights than another student or who has an official position giving authority over another student.
(3) `Subordinate student' means a student against whom an act of hazing is committed by a superior student.
(4) `Hazing' means the wrongful striking, touching, threatening with violence, or threatening to do bodily harm by a superior student to a subordinate student with intent to punish or to injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting or humiliating nature.
(B) It is unlawful for a superior student to intentionally or recklessly commit an act of hazing. Upon conviction of an act of hazing where no physical harm has occurred, a person is guilty of a misdemeanor and may be sentenced to a term of imprisonment not to exceed one year or a fine of five thousand dollars, or both. Upon conviction of an act of hazing where physical harm has occurred, a person is guilty of a misdemeanor and may be sentenced to a term of imprisonment not to exceed two years or a fine of ten thousand dollars, or both.
(C) The provisions of Section 30-4-40(a)(2) and 30-4-70(a)(1) are applicable to disciplinary actions taken by an institution of higher learning, but are in no way applicable so as to prevent or frustrate a criminal prosecution of a hazing incident. These provisions may not be used to shield a student from criminal prosecution for hazing.
(D) In addition to the criminal penalties provided herein, if an investigation and an adjudicatory process complying with due process has shown by substantial evidence that a student has committed an act or acts of hazing, the student may be dismissed, expelled, suspended, or punished as the governing authority of the institution considers appropriate."
SECTION 2. Section 16-3-530 of the 1976 Code is amended to read:
"Section 16-3-530. Any A person who violates the provisions of Sections 16-3-510 or Section 16-3-520 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed five hundred dollars or by imprisonment for a term not to exceed twelve months, or both."
SECTION 3. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act apply prospectively to offenses committed after the effective date of this act. The provisions of this act apply prospectively to all sentences pronounced on or after the effective date of this act, except where a penalty greater than the one in effect on the date the offense was committed would be required.
SECTION 4. Section 59-101-200 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.