To amend and reenact R.S. 17:1801 and to enact R.S. 14:40.8, relative to acts of criminal hazing; to create the crime of criminal hazing; to provide exceptions, definitions, and criminal penalties relative to the crime of criminal hazing; to provide relative to consequences imposed by the education institution for certain acts of hazing; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:40.8 is hereby enacted to read as follows:
- 40.8. Criminal hazing
A.(1) Except as provided by Subsection D of this Section, it shall be unlawful for any person to commit an act of hazing. (2)(a) Except as provided by Subparagraph (b) of this Paragraph, any person who commits an act of hazing shall be either fined up to one thousand dollars, imprisoned for up to six months, or both. (b) If the hazing results in the serious bodily injury or death of the victim, or the hazing involves forced or coerced alcohol consumption that results in the victim having a blood alcohol concentration of at least .30 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, any person who commits an act of hazing shall be fined up to ten thousand dollars and imprisoned, with or without hard labor, for up to five years.
B.(1) If any person serving as a representative or officer of an organization, including any representative, director, trustee, or officer of any national or parent organization of which any of the underlying entities provided for in Paragraph (C)(3) of this Section is a sanctioned or recognized member at the time of the hazing, knew and failed to report to law enforcement that one or more of the organization’s members were hazing another person, the organization may be subject to the following: (a) Payment of a fine of up to ten thousand dollars. (b) Forfeiture of any public funds received by the organization. (c) Forfeiture of all rights and privileges of being an organization that is organized and operating at the education institution for a specific period of time as determined by the court. If the hazing results in the serious bodily injury or death of the victim, or results in the victim having a blood alcohol concentration of at least .30 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, the period of time shall be for not less than four years. (2) A national or parent organization that receives a report alleging the commission of an act or acts of hazing may conduct a timely and efficient investigation to substantiate or determine the veracity of the allegations prior to making a report to law enforcement. The investigation shall be completed no later than fourteen days after the date on which the report was received alleging the commission of an act or acts of hazing. Section 3. This Act shall be referred to as “The Max Gruver Act”