SANTA FE, N.M. (KRQE) – After a number of New Mexico universities have been embroiled in hazing scandals, Friday, lawmakers debated Senate Bill 148 that would criminalize hazing. The bill is backed by the New Mexico Department of Justice, which said hazing has become a growing problem across the country.
“This is no longer acceptable behavior; we have to take a stand, we have to treat it seriously, and we have to have accountability inside of these institutions,” said New Mexico Attorney General Raul Torrez.
Torrez said it’s time to establish tougher laws around hazing in colleges and universities. Senate Bill 148 would create specific crimes, ranging from a misdemeanor for failing to report hazing to a second-degree felony for hazing resulting in death.
The bill would also require higher education institutions to create a hazing code of conduct, provide anti-hazing education, and establish a prevention committee. In 2023, New Mexico State University’s men’s basketball team faced hazing allegations, which later led to a lawsuit and an $8 million settlement. The father of one of the victims spoke in support of the bill.
“I totally stand in support of this bill as it will hopefully protect students like my son who were trying to get the most out of their college experience without being harmed,” said William Benjamin, father of NMSU hazing victim.
People who opposed the bill said it’s overkill since people who commit hazing can already face other charges.
“While we understand the goal of keeping young people safe, further criminalization is not the answer. There are a myriad of laws already codified in New Mexico that can be used to charge someone for alleged conduct that underlies hazing,” said Jasmine, an attorney for the American Civil Liberties Union (ACLU) for New Mexico.
Democratic Sen. Antonio Maestas is the lead sponsor of the bipartisan bill. He argued this bill addresses loopholes in current laws.
“Theoretically, you can charge battery, sexual assault that doesn’t really apply to the crime of hazing, which has a voluntary component to it. So, we want to make sure that criminal defendants do not have the defense of well he did it himself,” said Maestas (D-Albuquerque).
Sen. Harold Pope (D-Albuquerque) also has an anti-hazing bill that makes it a misdemeanor but said felony charges go too far. The attorney general disagreed.
“The severity of the penalty should match the severity of the harm. I don’t think it’s appropriate for this kind of conduct to be treated as a misdemeanor, especially if it results in serious harm or serious trauma,” said Torrez.
The bill passed its first committee Friday on a split 4-3 vote. The bill also initially applied to public schools but was amended during the hearing to remove that language and only apply to higher education institutions.