HOUSE BILL 225
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Joshua N. Hernandez
AN ACT
RELATING TO HAZING; CREATING THE CRIMES OF HAZING AND AGGRAVATED HAZING; CREATING AN ONLINE REPORTING PORTAL; PROVIDING AN EXCEPTION TO THE INSPECTION OF PUBLIC RECORDS ACT; PROVIDING PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Criminal Code is enacted to read:
"[NEW MATERIAL] HAZING--AGGRAVATED HAZING--PENALTIES.--
A. Hazing consists of an act, intentionally or recklessly committed against a student or a prospective student of an educational entity:
(1) in connection with initiation into, affiliation with, holding office in or maintaining membership in any student organization, student body or student athletic team or club, regardless of whether the student organization, student body or student athletic team or club is officially recognized, sanctioned or authorized by an educational entity; and
(2) when the act creates a substantial risk of physical or mental injury to the student or prospective student.
B. Hazing includes any act committed as part of a student's recruitment, initiation, pledging, admission into or affiliation with a student organization, athletic team, club or living group or any pastime or amusement engaged in with respect to such an organization, athletic team, club or living group that causes or is likely to cause bodily danger, physical harm or serious psychological or emotional harm to a student or other person attending an educational entity, including causing, directing, coercing or forcing a person to consume any food, liquid, alcohol, drug or other substance that subjects the person to risk of such harm, regardless of the student's willingness to participate.
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. Aggravated hazing consists of an unlawful act, intentionally committed against a person who is a student or prospective student of an educational entity:
(1) in connection with initiation into, affiliation with, holding office in or maintaining membership in any student organization, student body or student athletic team or club, regardless of whether the student organization, student body or student athletic team or club is officially recognized, sanctioned or authorized by an educational entity; and
(2) when such act causes painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body of the student or prospective student or causes substantial mental harm to the student or prospective student.
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 eighteen, the perpetrator shall be considered for services under the Delinquency Act, including services and pre-adjudication diversion by probation and parole.
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. A new section of the Criminal Code is enacted
to read:
"[NEW MATERIAL] HAZING ONLINE REPORTING PORTAL--CREATION--STAFF--SERVICES.--
A. The higher education department shall create and maintain a statewide online reporting portal for reporting incidents of hazing and aggravated hazing at educational entities.
B. The online reporting portal shall be created and maintained within the higher education department and shall be staffed by a full-time director and one part-time personnel member selected by the secretary of higher education.
C. The higher education department 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 the department of public safety and local law enforcement to report hazing crimes. Reports of hazing or aggravated hazing shall be reported to the office of civil rights of the United States department of education.
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 higher education department 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:
(1) for public or private schools serving kindergarten through twelfth grade students, to the public education department information as required by that department; and
(2) for public or private post-secondary educational institutions, to the higher education department information as required by that department.
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. [NEW MATERIAL] REQUIREMENT TO PROVIDE HAZING
PREVENTION EDUCATION.--A public or private post-secondary educational institution shall provide hazing prevention education on the signs and dangers of hazing as well as the institution's prohibition on hazing to employees, including student employees, 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. Section 14-2-1 NMSA 1978 (being Laws 1947, Chapter 130, Section 1, as amended) is amended to read:
"14-2-1. RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.-- Every person has a right to inspect public records of this state except:
A. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;
B. letters of reference concerning employment, licensing or permits;
C. letters or memoranda that are matters of opinion in personnel files or students' cumulative files;
D. portions of law enforcement records as provided in Section 14-2-1.2 NMSA 1978;
E. as provided by the Confidential Materials Act;
F. trade secrets;
G. attorney-client privileged information;
H. long-range or strategic business plans of public hospitals discussed in a properly closed meeting;
I. tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack;
J. information concerning information technology systems, the publication of which would reveal specific vulnerabilities that compromise or allow unlawful access to such systems; provided that this subsection shall not be used to restrict requests for:
(1) records stored or transmitted using information technology systems;
(2) internal and external audits of information technology systems, except for those portions that would reveal ongoing vulnerabilities that compromise or allow unlawful access to such systems; or
(3) information to authenticate or validate records received pursuant to a request fulfilled pursuant to the Inspection of Public Records Act;
K. submissions in response to a competitive grant, land lease or scholarship and related scoring materials and evaluation reports until finalists are publicly named or the award is announced; [and]
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; and
[L.] M. as otherwise provided by law."
SECTION 5. APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the higher education department 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. EFFECTIVE DATE.--
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.
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