HB 225 CREATE CRIME OF HAZING

Rep Joshua Nathaniel Hernandez

Actions: [3] HJC/HAFC-HJC

Scheduled: Not Scheduled

 House Bill 225 (HB 225) criminalizes hazing and aggravated hazing. HB 225 creates an online reporting portal. HB 225 provides an exception to the Inspection of Public Records Act. Makes an appropriation. 

 House Bill 225 criminalizes hazing and creates an online reporting portal. HB 225 provides an exception to the Inspection of Public Records Act. Makes an appropriation.

SECTION 1 adds a new section of the Criminal Code entitled :HAZING—AGGRAVATED HAZING--PENALTIES.

Subsections A and B describe and define hazing.

C. A person who commits hazing is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978, unless otherwise provided in this section. 

D. A teacher, professor, coach or other staff member of an educational entity who knew or reasonably should have known of the hazing conduct or activity and did not report the incident or incidents of hazing is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. A failure to report shall constitute good and just cause for suspension or revocation of any educator licensure under the School Personnel Act. 

E. Describes and defines aggravated hazing.

F. A person who commits aggravated hazing is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of this section unless otherwise provided in this section. 

G. If the perpetrator of the act of hazing or aggravated hazing is under the age of 18, the perpetrator shall be considered for services under the Delinquency Act. 

H. The crime of hazing does not include any activity or conduct that furthers legitimate curricular, extracurricular or military training program goals that is officially sanctioned by an educational entity.

 I. It is not a defense in an action under this section that the person against whom the hazing was directed consented to or acquiesced in the hazing activity. 

J. As used in this section, "educational entity" means a: (1) public or private school serving kindergarten through twelfth grade students; or (2) public or private post-secondary educational institution." 

SECTION 2 adds a new section of the Criminal Code to require a hazing online portal.
A-C. Creates a statewide online reporting portal for reporting incidents of hazing and aggravated hazing at educational entities within the Higher Education Department (NMHED), which shall be maintained and staffed by NMHED as specified in Subsection B. Subsection C specifies that NMHED shall staff the online reporting portal and provide referrals and resources for individuals reporting a hazing or aggravated hazing crime. Staff shall work in coordination with  safety and law enforcement agencies as specified in this subsection and make reports as specified.

D. A complaint, and any information provided with the complaint, including the identity of the complainant, made through the online reporting portal shall be exempt from the Inspection of Public Records Act. 

E. Subject to funding, the NMHED shall advertise the online reporting portal statewide and post information about the online reporting portal in a prominent place on the department's website. 

F. Educational entities shall report annually regarding hazing as specified in this subsection.

G. As used in this section, "educational entity" means either a: (1) public or private school serving kindergarten through twelfth grade students; or (2) public or private post-secondary educational institution." 

SECTION 3 adds a requirement to provide hazing prevention education either in person or electronically. The prevention education shall be provided to employees at the beginning of each academic year and for new employees at the beginning of each academic term. 

SECTION 4 amends Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) to provide an exception to the Right to Inspect Public Records Act by inserting Subsection L:
L. complaints and the information provided with the complaints, including the identity of any complainants, made through the statewide online reporting portal to report an incident or incidents of hazing;

SECTION 5 makes an appropriation of $500,000 from the General Fund to the NMHED for expenditure in Fiscal Year 2025 for the implementation of a statewide hazing reporting online portal, the hiring and training of staff for the online portal and any necessary software for the online portal. Any unexpended or unencumbered balance remaining at the end of Fiscal Year 2025 shall revert to the General Fund. 

SECTION 6 makes HB 225 effective as follows:
A. The effective date of the provisions of Sections 1 and 3 through 5 of this act is July 1, 2024. B. The effective date of the provisions of Section 2 of this act is July 1, 2025. 

 Senate Bill 225 is similar to Senate Bill 55, which both address prohibiting hazing at post-secondary institutions.