Pennsylvania anti-hazing bill on verge of becoming law
By Steve Esack, Contact Reporter
October 10, 2018
The Pennsylvania Legislature is poised to pass an anti-hazing bill created after a Penn State student died during an alcohol-fueled fraternity initiation rite in 2017.
Senate Bill 1090 would increase criminal and civil penalties for convicted hazing cases on college campuses and public schools in the state.
The Senate unanimously adopted the bill in April. The House unanimously followed suit on Tuesday after making technical changes proponents say strengthened the bill.
The bill now moves back to the Senate. Its author, Senate Majority Leader Jake Corman– R-Centre, has vowed quick passage next week. If that happens, Gov. Tom Wolf has vowed to sign it.
“It seems like we are a step away from getting this completed,” Corman said in a video statement. “It gives us one of the biggest reform bills in the commonwealth and country dealing with hazing.”
The bill would repeal a 1986 anti-hazing law and replace it with a new piece of legislation covering a wider variety of hazing issues.
The bill would define hazing as a summary offense, punishable by up to 90 days in jail and a $300 fine, if found guilty. To determine guilt, a jury or judge would have to decide a person “intentionally, knowingly or recklessly” caused or coerced someone to consume foods, liquids, drugs or other substances that caused emotional or physical harm; or to endure physical or mental brutality, such as whipping, sleep deprivation or social exclusion that causes “extreme embarrassment.”
Charges would be bumped up to a felony aggravated hazing charge if someone caused “serious bodily injury or death” in performing dangerous initiation rites. Punishment would carry up to seven years in prison and a $5,000 fine.
Victims could also seek to recoup damages in civil court against their alleged tormentors and fraternities, sororities and other organizations that sanctioned the hazing rituals. Part of that civil penalty would allow a government agency to seize the organization’s property in a civil forfeiture court petition.
The bill would preclude defendants from using a courtroom defense that blames the victim.
The bill also includes a “safe harbor” provision that would protect people from prosecution if they sought help for the victim of a hazing incident.
Every school district, college and university in the state would be required to create an anti-hazing policy if the bill becomes law. Institutions would have to keep track of hazing violations for seven years. An online report also would have to be created, showing the date, location and general description of the hazing incident.
On Feb. 2, 2017, sophomore engineering student Tim Piazza, of Lebanon, N.J., died following an alcohol-fueled pledge rite at the Beta Theta Pi house. Prosecutors say no one sought help for Piazza after he fell.
More than two dozen Beta Thea Pi fraternity members were arrested, but all felony charges, including manslaughter, were eventually withdrawn. Three people pleaded guilty to misdemeanors.
Corman crafted the bill after a Centre County grand jury found Piazza’s death was not an isolated incident of hazing.
Last month Piazza’s parents settled a lawsuit against the national fraternity.