BILL ANALYSIS

 

 

Senate Research Center	S.B. 36
87R3857 TYPED	By: Zaffirini
	Criminal Justice
	3/17/2021
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 38 (2019) represented a significant overhaul of Texas' anti-hazing law. Concerns have been raised, however, regarding a few ambiguities in provisions of the law meant to incentivize reporting by offering criminal and civil immunity to persons who notify appropriate officials of hazing acts and cooperate with investigations.

 

S.B. 36 makes clarifying changes to establish that hazing reports�for purposes of immunity or simply to avoid the "failure to report" personal hazing offense�may be made to university officials or to law enforcement, that persons who may receive immunity includes corporations and other entities that support student organizations, and that medical professionals who treat a student whom they suspect has been hazed have a duty to report their suspicions to law enforcement.

 

As proposed, S.B. 36 amends current law relating to the offense of hazing.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 37.152(a), Education Code, to provide that a person commits an offense if the person has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge, rather than report that knowledge in writing, to certain persons, including a peace officer or a law enforcement agency.

 

SECTION 2. Amends Section 37.155(b), Education Code, to provide that any person, including an entity organized to support a student group at an educational institution, who voluntarily reports a specific hazing incident involving a student in an educational institution to certain persons, including a peace officer or a law enforcement agency, is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the reported hazing incident if the person meets certain requirements.

 

SECTION 3. Amends Section 37.157, Education Code, to require, rather than authorize, a doctor or other medical practitioner who treats a student who may have been subjected to hazing activities to report the suspected hazing activities to police or other law enforcement officials.

 

SECTION 4. Makes application of this Act prospective.

 

SECTION 5. Makes application of Section 37.155, Education Code, as amended by this Act, prospective.

 

SECTION 6. Effective date: September 1, 2021.