S06136 Summary:

BILL NOS06136
 
SAME ASSAME AS A09194
 
SPONSORMAZIARZ
 
COSPNSR
 
MLTSPNSR
 
Amd S240.32, Pen L
 
Provides that an inmate of a correctional facility shall be guilty of a felony for harassing a correctional facility employee by fraudulent use of his or her name in publishing the name or ordering products under the employee's name.
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S06136 Actions:

BILL NOS06136
 
08/21/2009REFERRED TO RULES
01/06/2010REFERRED TO CODES
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S06136 Floor Votes:

There are no votes for this bill in this legislative session.
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S06136 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6136
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                     August 21, 2009
                                       ___________
 
        Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the penal law, in relation to penalizing an inmate in  a
          correctional  facility for harassing certain employees by fraudulently
          using the name of any such employee
 

          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 the
     8  office  of mental health, or a probation department, bureau or unit or a
     9  police officer[, he]:
    10    1. He or she causes or attempts to cause such employee  to  come  into

    11  contact  with blood, seminal fluid, urine or feces, by throwing, tossing
    12  or expelling such fluid or material[.]; or
    13    2. He or she causes such employee's name to be published in any  writ-
    14  ing  without  the  permission of such employee or fraudulently uses such
    15  employee's name to order magazines or any other product in the  name  of
    16  such employee.
    17    For  purposes of this section, "inmate" means an inmate or detainee in
    18  a correctional facility, local correctional facility or a  hospital,  as
    19  such  term  is defined in subdivision two of section four hundred of the
    20  correction law. For purposes of this section, "respondent" means a juve-
    21  nile in a secure facility operated and maintained by the office of chil-
    22  dren and family services who is placed with or committed to  the  office

    23  of  children and family services. For purposes of this section, "facili-
    24  ty" means a correctional facility or local correctional facility, hospi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09444-01-9

        S. 6136                             2
 
     1  tal, as such term is defined in subdivision two of section four  hundred
     2  of  the  correction law, or a secure facility operated and maintained by
     3  the office of children and family services.
     4    Aggravated harassment of an employee by an inmate is a class E felony.
     5    § 2. This act shall take effect on the first of November next succeed-
     6  ing the date on which it shall have become a law.
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