Prohibits the throwing, tossing or expelling of saliva, spit or sputum at or on an employee of a correctional facility; such conduct shall be aggravated harassment of an employee.
STATE OF NEW YORK
________________________________________________________________________
2558
2009-2010 Regular Sessions
IN SENATE
February 24, 2009
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of aggravated
harassment of an employee by an inmate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.32 of the penal law, as separately amended by
2 chapters 422 and 441 of the laws of 2000, is amended to read as follows:
3 § 240.32 Aggravated harassment of an employee by an inmate.
4 An inmate or respondent is guilty of aggravated harassment of an
5 employee by an inmate when, with intent to harass, annoy, threaten or
6 alarm a person in a facility whom he or she knows or reasonably should
7 know to be an employee of [such facility or the division of parole or
8 the office of mental health, or a probation department, bureau or unit
9 or a police officer] the state, a municipal corporation, local govern-
10 mental agency, any political subdivisions or public authority, he or she
11 causes or attempts to cause such employee to come into contact with
12 blood, seminal fluid, urine [or], feces, saliva, spit or sputum, by
13 throwing, tossing or expelling such fluid or material.
14 For purposes of this section, "inmate" means an inmate or detainee in
15 a correctional facility, local correctional facility or a hospital, as
16 such term is defined in subdivision two of section four hundred of the
17 correction law. For purposes of this section, "respondent" means a juve-
18 nile in a secure facility operated and maintained by the office of chil-
19 dren and family services who is placed with or committed to the office
20 of children and family services. For purposes of this section, "facili-
21 ty" means a correctional facility or local correctional facility, hospi-
22 tal, as such term is defined in subdivision two of section four hundred
23 of the correction law, or a secure facility operated and maintained by
24 the office of children and family services.
25 Aggravated harassment of an employee by an inmate is a class E felony.
26 § 2. This act shall take effect on the first of November next succeed-
27 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00540-01-9
