SB-0783, As Passed Senate, May 4, 2004                                      

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 783

                                                                             A bill to amend 1931 PA 328, entitled                                             

"The Michigan penal code,"                                                  

(MCL 750.1 to 750.568) by adding section 411t.                              

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 411t.  (1) Except as provided in subsection (4), a                     

2   person who attends, is employed by, or is a volunteer of an                 

3   educational institution shall not engage in or participate in the           

4   hazing of an individual.                                                    

5       (2) A person who violates subsection (1) is guilty of a crime               

6   punishable as follows:                                                      

7       (a) If the violation results in physical injury, the person                 

8   is guilty of a misdemeanor punishable by imprisonment for not               

9   more than 93 days or a fine of not more than $1,000.00, or both.            

10  (b) If the violation results in serious impairment of a body                

11  function, the person is guilty of a felony punishable by                    

Senate Bill No. 783 (H-1) as amended April 20, 2004   (1 of 2)

as amended May 4, 2004                                

1   imprisonment for not more than 5 years or a fine of not more than           

2   $2,500.00, or both.                                                         

3       (c) If the violation results in death, the person is guilty                 

4   of a felony punishable by imprisonment for not more than 15 years           

5   or a fine of not more than $10,000.00, or both.                             

6       (3) A criminal penalty provided for under this section may be               

7   imposed in addition to any penalty that may be imposed for any              

8   other criminal offense arising from the same conduct.                       

9       (4) This section does not apply to an individual who is the                 

10  subject of the hazing, regardless of whether the individual                 

11  voluntarily allowed himself or herself to be hazed.                         

12      (5) This section does not apply to an activity that is normal               

13  and customary in an athletic, physical education, military                  

14  training, or similar program sanctioned by the educational                  

15  institution.                                                                

[<<

16      (6)>>] It is not a defense to a prosecution for a crime under               

17  this section that the individual against whom the hazing was                

18  directed consented to or acquiesced in the hazing.                          

19      [<<(7)>>] As used in this section:                                          

20      (a) "Educational institution" means a public or private                     

21  school that is [<<                     >>] a middle school, junior high school, high school,                                                                    

22  vocational school, college, or university located in this state.            

23      (b) "Hazing" means an intentional, knowing, or reckless act                 

24  by a person acting alone or acting with others that is directed             

25  against an individual and that the person knew or should have               

26  known endangers the physical health or safety of the individual,            

27  and that is done for the purpose of pledging, being initiated               

1   into, affiliating with, participating in, holding office in, or             

2   maintaining membership in any organization.  Subject to                     

3   subsection (5), hazing includes any of the following that is done           

4   for such a purpose:                                                         

5                                                                                (i) Physical brutality, such as whipping, beating, striking,                        

6   branding, electronic shocking, placing of a harmful substance on            

7   the body, or similar activity.                                              

8       (ii) Physical activity, such as sleep deprivation, exposure                  

9   to the elements, confinement in a small space, or calisthenics,             

10  that subjects the other person to an unreasonable risk of harm or           

11  that adversely affects the physical health or safety of the                 

12  individual.                                                                 

13      (iii) Activity involving consumption of a food, liquid,                      

14  alcoholic beverage, liquor, drug, or other substance that                   

15  subjects the individual to an unreasonable risk of harm or that             

16  adversely affects the physical health or safety of the                      

17  individual.                                                                 

18      (iv) Activity that induces, causes, or requires an individual                

19  to perform a duty or task that involves the commission of a crime           

20  or an act of hazing.                                                        

21      (c) "Organization" means a fraternity, sorority, association,               

22  corporation, order, society, corps, cooperative, club, service              

23  group, social group, athletic team, or similar group whose                  

24  members are primarily students at an educational institution.               

25      (d) "Pledge" means an individual who has been accepted by, is               

26  considering an offer of membership from, or is in the process of            

27  qualifying for membership in any organization.                              

Senate Bill No. 783 (H-1) as amended April 20, 2004

as amended May 4, 2004                                

1       (e) "Pledging" means any action or activity related to                      

2   becoming a member of an organization.                                       

3   (f) "Serious impairment of a body function" means that term                 

4   as defined in section 479a.                                                 

[<<

5       (8)>>] This section shall be known and may be cited as "Garret's            

6   law".

7       Enacting section 1.  This amendatory act takes effect 90                    

8   days after the date it is enacted.