HOUSE BILL No. 5542


     December 21, 2001, Introduced by Reps. Woodward, Kolb, Bovin, Dennis, Whitmer, Gieleghem, Schauer, Jacobs, Neumann and Waters and
referred to the Committee on Criminal Justice.


        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:

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           SEC. 411T.  (1) EXCEPT AS PROVIDED IN SUBSECTION (3), A

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      PERSON WHO ATTENDS AN EDUCATIONAL INSTITUTION SHALL NOT ENGAGE IN

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      OR PARTICIPATE IN THE HAZING OF ANOTHER PERSON.

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           (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MIS-

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      DEMEANOR PUNISHABLE BY THE FOLLOWING:

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           (A) FIFTY HOURS OF COMMUNITY SERVICE.

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           (B) IMPRISONMENT FOR NOT MORE THAN 30 DAYS, IF THE DEFENDANT

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      FAILS TO PERFORM COMMUNITY SERVICE AS ORDERED UNDER THIS

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      SECTION.






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           (3) THIS SECTION DOES NOT APPLY TO A PERSON WHO IS THE

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      SUBJECT OF THE HAZING, REGARDLESS OF WHETHER THE PERSON

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      VOLUNTARILY ALLOWED HIMSELF OR HERSELF TO BE HAZED.

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           (4) A CRIMINAL PENALTY PROVIDED FOR UNDER THIS SECTION MAY

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      BE IMPOSED IN ADDITION TO ANY PENALTY THAT MAY BE IMPOSED FOR ANY

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      OTHER CRIMINAL OFFENSE ARISING FROM THE SAME CONDUCT.

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           (5) AS USED IN THIS SECTION:

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           (A) "EDUCATIONAL INSTITUTION" MEANS A PUBLIC OR PRIVATE

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      SCHOOL THAT IS A MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, OR HIGH

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      SCHOOL LOCATED IN THIS STATE.

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           (B) "HAZING" MEANS A METHOD OF INITIATION OR PRE-INITIATION

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      INTO A STUDENT ORGANIZATION OR A PASTIME OR AMUSEMENT ENGAGED IN

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      CONCERNING A STUDENT ORGANIZATION THAT CAUSES, OR IS LIKELY TO

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      CAUSE, BODILY INJURY OR PERSONAL DEGRADATION OR DISGRACE THAT

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      RESULTS IN PHYSICAL OR MENTAL HARM TO ANOTHER PERSON WHO ATTENDS

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      THE EDUCATIONAL INSTITUTION.  HAZING DOES NOT INCLUDE CUSTOMARY

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      ATHLETIC EVENTS OR OTHER SIMILAR CONTESTS OR COMPETITIONS.























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