SF 135

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; authorizing civil actions 
  1.3             against student organizations for damages relating to 
  1.4             hazing; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 127. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [127.171] [CIVIL LIABILITY FOR HAZING.] 
  1.8      Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.9      (a) "hazing" means doing any act or coercing another, 
  1.10  including the victim, to do any act of initiation into any 
  1.11  student organization that causes or creates a substantial risk 
  1.12  of causing physical harm to any person; and 
  1.13     (b) "student organization" means a fraternity or other 
  1.14  secret society, an honorary society, a mock honorary society, or 
  1.15  any other group, club, or organization which has high school 
  1.16  pupils or college students as its primary active members. 
  1.17     Subd. 2.  [CAUSE OF ACTION.] A member of a student 
  1.18  organization who claims damages as specified in subdivision 3 
  1.19  may bring an action for hazing against the student organization, 
  1.20  its officers, and any member of the organization who 
  1.21  participates in the hazing.  Consent by the plaintiff to the 
  1.22  hazing is not a defense to the cause of action. 
  1.23     Subd. 3.  [DAMAGES.] A person who has a cause of action 
  1.24  under subdivision 2 may recover all damages actually sustained 
  1.25  as a result of the hazing. 
  2.1      Subd. 4.  [ACTION FOR WRONGFUL DEATH.] If the plaintiff 
  2.2   dies as a result of the hazing, an action for wrongful death may 
  2.3   be brought pursuant to section 573.02. 
  2.4      Sec. 2.  [EFFECTIVE DATE.] 
  2.5      Section 1 is effective August 1, 1997, and applies to 
  2.6   causes of action arising on or after that date.