BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1454|
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THIRD READING
Bill No: SB 1454
Author: Torlakson (D) and Aanestad (R)
Amended: 8/21/06
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/4/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
SENATE APPROPRIATIONS COMMITTEE : 13-0, 5/25/06
AYES: Murray, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Ortiz, Poochigian, Romero,
Torlakson
SENATE FLOOR : 34-2, 5/30/06
AYES: Aanestad, Alarcon, Alquist, Ashburn, Battin, Bowen,
Cedillo, Cox, Denham, Ducheny, Dunn, Dutton, Figueroa,
Florez, Kehoe, Kuehl, Lowenthal, Machado, Maldonado,
Margett, Migden, Morrow, Murray, Ortiz, Perata,
Poochigian, Romero, Runner, Scott, Simitian, Soto,
Speier, Torlakson, Vincent
NOES: Hollingsworth, McClintock
NO VOTE RECORDED: Ackerman, Chesbro, Escutia, Vacancy
ASSEMBLY FLOOR : 78-0, 8/24/06 - See last page for vote
SUBJECT : Hazing: Matts Law
SOURCE : Author
DIGEST : This bill repeals the Education Code hazing
CONTINUED
SB 1454
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2
provisions and instead codifies within the Penal Code a new
definition of hazing and prescribes misdemeanor and felony
penalties, as specified. This bill also allows a person to
bring a civil action for injury or damages against
individuals who participate in, or organizations who
authorize, the hazing.
Assembly Amendments changed the definition of "hazing".
ANALYSIS : Current law defines "hazing" as any method of
initiation or pre-initiation into a student organization or
student body or any pastime or amusement engaged in with
respect to these organizations which causes, or is likely
to cause, bodily danger, physical harm, or personal
degradation or disgrace resulting in physical or mental
harm, to any pupil or other person attending any school,
community college, college, university, or other
educational institution in this state. The term "hazing"
does not include customary athletic events or other similar
contests or competitions. [Section 32050 of the Education
Code]
Current law prohibits a student or other person in
attendance at a public, private, parochial or military
school, community college or other educational institution
from conspiring to engage in hazing, participate in hazing
or commit an act that causes or is likely to cause bodily
danger, physical harm or personal degradation or disgrace
resulting in physical or mental harm to a fellow student or
person attending the institution. Current law states that
a violation of the Education Code section mentioned above
shall be punishable by a fine of not more than $5,000 or
imprisonment in the county jail for not more than one year,
or both. [Section 32051 of the Education Code]
This bill is tombstoned "Matt's Law" in memory of Matthew
William Carrington, who died on February 2, 2005, as a
result of hazing.
This bill repeals the above two sections of the Education
Code and adds Section 245.6 to the Penal code.
The new language is as follows:
SB 1454
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3
"This bill provides that it is unlawful to engage in
hazing.
"This bill defines 'hazing' as any method of initiation
or preinitiation into a student organization or student
body, whether or not the organization or body is
officially recognized by an educational institution,
which is likely to cause, serious bodily injury to any
former, current or prospective student of any school,
community college, college, university, or other
educational institution in this state. The term
'hazing' does not include customary athletic events or
school-sanctioned events.
"A violation that does not result in serious bodily
injury is a misdemeanor, punishable by a fine of not
less than $100, nor more than $5,000, or imprisonment
in the county jail for not more than one year, or both.
"This bill provides that any person who personally
engages in hazing that results in death or serious
bodily injury, is guilty of either a misdemeanor or a
felony, and shall be punished by imprisonment in county
jail not exceeding one year, or by imprisonment in the
state prison.
"This bill provides that the person against whom the
hazing is directed may commence a civil action for
injury or damages. The action may be brought against
any participants in the hazing, or any organization, to
which the student is seeking membership, whose agents,
directors, trustees, managers, or officers authorized,
requested, commanded, participated in, or ratified the
hazing.
"Prosecution under the provisions of this bill do not
prohibit prosecution under any other provision of law."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
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Major Provisions 2006-07 2007-08 2008-09 Fund
Penalty enhancements Potentially in excess of
$150 annually General
SUPPORT : (Verified 8/24/06)
Butte County District Attorney
California District Attorneys Association
California State University
California State University, Chico
California State University, Chico Interfraternity Council
California State University, Chico Panhellenic
California Teachers Association
Chico Police Department
City of Chico
Crime Victims United of California
MASH, Inc. (Mothers Against School Hazing)
Office of the Attorney General
Peace Officers Research Association of California
Pleasant Hill Chamber of Commerce
Roseville Kappa Alpha Psi Fraternity, Inc.
Security On Campus, Inc.
Sheriff of Contra Costa County
University of California
ARGUMENTS IN SUPPORT : The author states:
"This bill creates appropriate penalties for serious
hazing incidents and also creates a deterrent to
prevent any more tragedies. SB 1454 resulted from the
death of Matthew Carrington, a 21-year-old student at
Cal-State Chico, who died from injuries suffered in a
fraternity initiation hazing ritual.
"Hazing is currently a misdemeanor in the Education
Code. This bill moves hazing into the Penal Code,
increases penalties to a felony in case of injury or
death, and broadens the ability of prosecutors to seek
sentences against any persons - not just students - who
participate in hazing. Fraternity officials can also
be held responsible.
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"Hazing is a unique crime in which peer pressure can
play a pivotal role. This bill ensures that someone's
participation in hazing cannot be used as a defense by
those (who) kill, injure of psychologically harm the
victim. Matt's Law will protect students, their
families and friends from the torments of hazing."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Benoit, Berg, Bermudez,
Blakeslee, Bogh, Calderon, Canciamilla, Chan, Chavez,
Chu, Cogdill, Cohn, Coto, Daucher, De La Torre, DeVore,
Dymally, Emmerson, Evans, Frommer, Garcia, Goldberg,
Hancock, Haynes, Jerome Horton, Shirley Horton, Houston,
Huff, Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La
Suer, Laird, Leno, Leslie, Levine, Lieber, Lieu, Liu,
Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nation, Nava, Negrete McLeod, Niello, Oropeza,
Parra, Pavley, Plescia, Richman, Ridley-Thomas, Sharon
Runner, Ruskin, Saldana, Salinas, Spitzer, Strickland,
Torrico, Tran, Umberg, Vargas, Villines, Walters, Wolk,
Wyland, Yee, Nunez
NO VOTE RECORDED: Bass, Vacancy
RJG:mel 8/25/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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