BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1454| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 Page 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 Page 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) SB 1454 Page 4 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. SB 1454 Page 5 "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 **** END ****