Relates to offenses committed by a defendant in a criminal proceeding against court employees by causing or attempting to cause such court 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; such offense shall be a class E felony.
STATE OF NEW YORK
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8111
IN SENATE
March 29, 2018
___________
Introduced by Sen. LANZA -- (at request of the Office of Court Adminis-
tration) -- 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 offenses committed by
a defendant in a criminal proceeding against court employees
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 court officer by an accused.
4 A person who stands charged with a criminal offense is guilty of
5 aggravated harassment of a court officer by an accused when, with intent
6 to harass, annoy, threaten or alarm a person in a courthouse whom he or
7 she knows or reasonably should know to be a court officer, he or she
8 causes or attempts to cause such court officer to come into contact with
9 blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by
10 throwing, tossing or expelling such fluid or material.
11 For purposes of this section, a court officer means a uniformed court
12 officer of the unified court system, and a person charged with a crimi-
13 nal offense means a defendant against whom a criminal action is pending.
14 Aggravated harassment of a court officer by an accused is a class E
15 felony.
16 § 2. Paragraph (e) of subdivision 3 of section 70.06 of the penal law,
17 as amended by chapter 7 of the laws of 2007, is amended to read as
18 follows:
19 (e) For a class E felony, the term must be at least three years and
20 must not exceed four years; provided, however, that where the sentence
21 is for the class E felony [offense] offenses specified in [section]
22 sections 240.32 and 240.33 of this chapter, the maximum term must be at
23 least three years and must not exceed five years.
24 § 3. This act shall take effect on the ninetieth day after it shall
25 have become a law, provided, however, that the amendments to subdivision
26 3 of section 70.06 of the penal law made by section two of this act
27 shall not affect the expiration of such subdivision and shall be deemed
28 to expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14522-01-8