A bill which would establish hazing-specific legal repercussions has died in the House Judiciary Committee.
While advocates say it would bring South Dakota in step with the rest of the country, others are more skeptical.
The bill was brought by Watertown Republican Rep. Josephine Garcia, and advocate testimony included a former SDSU student who says he was hazed during the process of rushing a fraternity.
This student, who SDPB is not identifying, testifies he was subjected to severe peer pressure, was blindfolded, screamed at, and witnessed students being locked in chains.
Garcia said these situations are grounds for legal consequence.
“Institutions across the country face hazing-related injuries and at times deaths," Garcia said. "Recent studies found 71% of individuals suffer from negative consequences such as post-traumatic stress disorder, low self-esteem, anxiety, depression, and low self-worth. States have passed hazing laws in either criminal code or the education code to prevent them from happening again, but unfortunately South Dakota is one of just six states without hazing laws.”
While empathetic to victims, the language in this bill left lawmakers and lobbyists with pause. Cash Anderson lobbies on behalf of the South Dakota Association of Criminal Defense Lawyers.
“I think this is covered in our law already," Anderson said. "I think what you typically see with hazing or would associate with hazing is assaultive behavior regardless. Of the term it goes by, I think it’s already criminal. I think the acts that fall under it would already be criminal under simple, perhaps aggravated assault, or otherwise.”
Ultimately, that argument convinced most committee members, who killed the bill on a vote of 9-4 Monday.