Matt's Law
Encyclopedia
Matt's Law is a California law
that allows for felony
prosecution
s when serious injuries or deaths result from hazing
rite
s. The bill amended the California Education Code and California Penal Code
to change charges for some hazing ritual
s from misdemeanor
s to felonies, and for the first time gave prosecutors the ability to seek hazing charges against nonstudents.
The long title
of the act was An act to amend Section 48900 of, and to repeal Sections 32050 and 32051 of the Education Code, and to add Section 245.6 to the Penal Code, relating to hazing.
It was introduced into the California State Senate
by Tom Torlakson
, a Democrat
from Antioch
, as Senate Bill 1454. SB 1454 passed the state Senate 34–2 on May 30, 2006. It passed the California State Assembly
with amendments on August 24, 2006, and the Senate concurred with the bill as amended on August 30, 2006. It was signed into law by Governor
Arnold Schwarzenegger
on September 29, 2006.
Matt's Law was named in memory of Matt Carrington, a 21-year-old California State University, Chico
student from Concord, California
. Carrington died in the basement of a fraternity house
located two blocks from campus.
Prior to the enactment of Matt's Law, hazing (even in the case of death) was a misdemeanor as part of California's education code, rather than punishable under the state's penal code. Matt's Law prevents unaffiliated fraternities from using the argument that they cannot be punished for hazing, simply because they are not student organizations. The law also gives prosecutors clear authority to bring charges against anyone or any organization involved in hazing, not just currently enrolled students.
. In the cold basement of the fraternity house of the unrecognized fraternity Chi Tau
(XT), formerly Delta Sigma Phi, Carrington was forced to drink water and do calisthenics
with fans blowing on him. This water intoxication
ritual, which dates back over 20 years at Chi Tau, caused swelling of his brain, seizures, and heart failure. Members of the fraternity delayed calling for emergency help for over an hour.
Four young men pled guilty to involuntary manslaughter. Media from all over the United States
came to the Butte County
courtroom for the sentencing, including reporters and camera crews from Dateline NBC
and Inside Edition
.
Carlos James DeVilla Abrille, 22, pleaded guilty to misdemeanor hazing, Jerry Ming Lim, 25, and John Paul Fickes, 20, both pleaded guilty to being accessories to involuntary manslaughter, 22-year-old Gabriel John Maestretti, pleaded guilty to involuntary manslaughter.
California law
California law consists of several levels, including constitutional, statutory, and regulatory law, as well as case law.-Constitutional law:...
that allows for felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
prosecution
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s when serious injuries or deaths result from hazing
Hazing
Hazing is a term used to describe various ritual and other activities involving harassment, abuse or humiliation used as a way of initiating a person into a group....
rite
Rite
A rite is an established, ceremonious, usually religious act. Rites in this sense fall into three major categories:* rites of passage, generally changing an individual's social status, such as marriage, baptism, or graduation....
s. The bill amended the California Education Code and California Penal Code
California Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
to change charges for some hazing ritual
Ritual
A ritual is a set of actions, performed mainly for their symbolic value. It may be prescribed by a religion or by the traditions of a community. The term usually excludes actions which are arbitrarily chosen by the performers....
s from misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s to felonies, and for the first time gave prosecutors the ability to seek hazing charges against nonstudents.
The long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of the act was An act to amend Section 48900 of, and to repeal Sections 32050 and 32051 of the Education Code, and to add Section 245.6 to the Penal Code, relating to hazing.
It was introduced into the California State Senate
California State Senate
The California State Senate is the upper house of the California State Legislature. There are 40 state senators. The state legislature meets in the California State Capitol in Sacramento. The Lieutenant Governor is the ex officio President of the Senate and may break a tied vote...
by Tom Torlakson
Tom Torlakson
Thomas A. "Tom" Torlakson is an American politician from California. In 2010, he was elected to the position of California State Superintendent of Public Instruction, the highest education post in California...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
from Antioch
Antioch, California
Antioch is a city in Contra Costa County, California. Located in the East Bay region of the San Francisco Bay Area along the San Joaquin-Sacramento River Delta, it is a suburb of San Francisco and Oakland. The city's population was 102,372 at the U.S...
, as Senate Bill 1454. SB 1454 passed the state Senate 34–2 on May 30, 2006. It passed the California State Assembly
California State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
with amendments on August 24, 2006, and the Senate concurred with the bill as amended on August 30, 2006. It was signed into law by Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
on September 29, 2006.
Matt's Law was named in memory of Matt Carrington, a 21-year-old California State University, Chico
California State University, Chico
California State University, Chico is the second-oldest campus in the twenty-three-campus California State University system. It is located in Chico, California, about ninety miles north of Sacramento...
student from Concord, California
Concord, California
Concord is the largest city in Contra Costa County, California, USA. At the 2010 census, the city had a population of 122,067. Originally founded in 1869 as the community of Todos Santos by Salvio Pacheco, the name was changed to Concord within months...
. Carrington died in the basement of a fraternity house
Fraternity and sorority houses
North American fraternity and sorority housing refers largely to the houses or housing areas that fraternity and sorority members live and work together in...
located two blocks from campus.
Prior to the enactment of Matt's Law, hazing (even in the case of death) was a misdemeanor as part of California's education code, rather than punishable under the state's penal code. Matt's Law prevents unaffiliated fraternities from using the argument that they cannot be punished for hazing, simply because they are not student organizations. The law also gives prosecutors clear authority to bring charges against anyone or any organization involved in hazing, not just currently enrolled students.
Matt Carrington case
On February 2, 2005, Matt Carrington died as the direct result of a hazing ritual at Chico State University in Chico, CaliforniaChico, California
Chico is the most populous city in Butte County, California, United States. The population was 86,187 at the 2010 census, up from 59,954 at the time of the 2000 census...
. In the cold basement of the fraternity house of the unrecognized fraternity Chi Tau
Chi Tau
Chi Tau was a local fraternity at Chico State University that landed in the media spotlight following the 2005 hazing death of Matthew Carrington.-Fraternity history:The Delta Alpha Chapter of Delta Sigma Phi was installed at Chico State in the 1950s...
(XT), formerly Delta Sigma Phi, Carrington was forced to drink water and do calisthenics
Calisthenics
Calisthenics are a form of aerobic exercise consisting of a variety of simple, often rhythmical, movements, generally using multiple equipment or apparatus. They are intended to increase body strength and flexibility with movements such as bending, jumping, swinging, twisting or kicking, using...
with fans blowing on him. This water intoxication
Water intoxication
Water intoxication, also known as water poisoning, is a potentially fatal disturbance in brain functions that results when the normal balance of electrolytes in the body is pushed outside of safe limits by over-consumption of water....
ritual, which dates back over 20 years at Chi Tau, caused swelling of his brain, seizures, and heart failure. Members of the fraternity delayed calling for emergency help for over an hour.
Four young men pled guilty to involuntary manslaughter. Media from all over the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
came to the Butte County
Butte County, California
Butte County is a county located in the Central Valley of the US state of California, north of the state capital of Sacramento. As of the 2010 census, it had a population of 220,000. The county seat is Oroville. Butte County is the "Land of Natural Wealth and Beauty."Butte County is watered by the...
courtroom for the sentencing, including reporters and camera crews from Dateline NBC
Dateline NBC
Dateline NBC, or Dateline, is a U.S. weekly television newsmagazine broadcast by NBC. It previously was NBC's flagship news magazine, but now focuses on true crime stories. It airs Friday at 9 p.m. EST and after football season on Sunday at 7 p.m. EST.-History:Dateline is historically notable for...
and Inside Edition
Inside Edition
Inside Edition is a thirty-minute American television syndicated news program, first aired on CBS on October 9, 1988. It was originally similar to the programs Hard Copy and A Current Affair, but now more closely resembles a condensed version of breakfast television, exclusively with pre-recorded...
.
Carlos James DeVilla Abrille, 22, pleaded guilty to misdemeanor hazing, Jerry Ming Lim, 25, and John Paul Fickes, 20, both pleaded guilty to being accessories to involuntary manslaughter, 22-year-old Gabriel John Maestretti, pleaded guilty to involuntary manslaughter.
External links
- ContraCostaTimes.com - 'New "Matt's Law" toughens penalties for college hazing: 21-year-old Chico State student's death last year at fraternity prompted bill', Matt Krupnick, Contra Costa TimesContra Costa TimesThe Contra Costa Times is a daily newspaper based in Walnut Creek, California, U.S.. The paper serves Contra Costa and eastern Alameda counties, in the eastern part of the San Francisco Bay Area...
(September 20, 2006) - HankNuwer.com - 'Hazing Blog: Hazing News and Views – Moderated by Hank Nuwer'
- InsideHazing.com 'Matt's Law Bill Number: SB 1454, Introduced Bill Text, Text Introduced by Senator Torlakson'
- NewsReview.com - 'Guilty pleas don't ease pain', Mark Lore, News and Review
- TheOrion.com - 'Pledge's family pushes for anti-hazing law', Lauren Brooks, The Orion (October 19, 2005)
- TheOrion.com - 'Chico hazing makes PlayboyPlayboyPlayboy is an American men's magazine that features photographs of nude women as well as journalism and fiction. It was founded in Chicago in 1953 by Hugh Hefner and his associates, and funded in part by a $1,000 loan from Hefner's mother. The magazine has grown into Playboy Enterprises, Inc., with...
, Ashley Gebb, The Orion(September 13, 2006)
Multimedia
- WeMissYouMatt.com - 'Matt Carrington, November, 1983 - February, 2005, Your Light Forever Shines'
Map
- Live.com - 'Map of Hazing Deaths'