PIERRE, S.D. (SDBA) — A bill criminalizing hazing in South Dakota failed today (Monday) in the House Judiciary Committee after lawmakers questioned its legal definitions.
House Bill 1090 died on a 9-4 vote to move it to the 41st day, effectively killing the measure. It would have made South Dakota the 45th state with anti-hazing laws if passed.
“Unfortunately, South Dakota is one of six states without hazing laws,” said the bill’s sponsor, Rep. Josephine Garcia, R-Watertown. “The others are Alaska, Hawaii, Wyoming, Montana, and New Mexico.”
A hazing survivor testified remotely about his experience at South Dakota State University.
“I’ve personally gone to the police. My case went to DCI. There was nothing they could do,” said Faisal Haji.
Opponents argued existing laws cover hazing behavior.
“I think what you typically see with hazing is assaultive behavior regardless of the term it goes by,” said Cash Anderson, representing the South Dakota Association of Criminal Defense Lawyers.
The bill would have made hazing a Class 1 misdemeanor or Class 6 felony if causing serious injury. The definition included actions causing “risk of extreme psychological distress or bodily injury” for organization initiations.
