Establishes the crime of aggravated harassment of a police officer where a person causes such police officer to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing or expelling such fluid or material.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1427
SPONSOR: Jones (MS) TITLE OF BILL:
An act to amend the penal law, in relation to aggravated harassment of a
police officer
PURPOSE:
To expand this protection to police officers
SUMMARY OF PROVISIONS:
Section 1 states that a person is guilty of aggravated harassment when
with intent to harass, annoy, threaten or alarm a police officer they
cause them to come in contact with blood, seminal fluid, urine, feces or
content of a toilet bowl by throwing, tossing or expelling.
Section 2: This section establishes an effective date.
JUSTIFICATION:
Under current law, corrections officers are afforded this protection
against various body fluids that this legislation seeks to extent to
police officers. While individuals can currently be charged with assault
for certain instances, the police officer must be injured. Other
provisions of the law that could possibly be applicable are misdemeanors
and do not speak explicitly to these same protections. Expanding this
protection to police officers is common sense to ensure that individuals
who would undertake such actions can be prosecuted appropriately and at
the same level of crime as if it had been a corrections officer they
harassed.
LEGISLATIVE HISTORY:
05/04/18 referred to codes
01/14/19 referred to codes
01/08/20 referred to codes
01/06/21 referred to codes
01/05/22 referred to codes
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1427
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. JONES, COLTON, McDONOUGH, BLANKENBUSH, RIVERA,
MIKULIN, MANKTELOW -- Multi-Sponsored by -- M. of A. DICKENS, FRIEND,
LUPARDO, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated harassment of a
police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 240.33 to
2 read as follows:
3 § 240.33 Aggravated harassment of a police officer.
4 A person is guilty of aggravated harassment of a police officer when,
5 with intent to harass, annoy, threaten or alarm a person whom he or she
6 knows or reasonably should know to be a police officer, he or she causes
7 or attempts to cause such police officer to come into contact with
8 blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by
9 throwing, tossing or expelling such such fluid or material.
10 The term "police officer" shall mean a police officer as defined in
11 subdivision thirty-four of section 1.20 of the criminal procedure law.
12 Aggravated harassment of a police officer is a class E felony.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02533-01-3
