Includes the throwing, tossing or expelling of saliva at or on an employee of a correctional facility within the crime of aggravated harassment of an employee by an incarcerated individual.
STATE OF NEW YORK
________________________________________________________________________
1501
2025-2026 Regular Sessions
IN SENATE
January 10, 2025
___________
Introduced by Sen. O'MARA -- 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 including the throwing,
tossing or expelling of saliva at or on an employee of a correctional
facility within the crime of aggravated harassment of an employee by
an incarcerated individual
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 240.32 of the penal law,
2 as amended by chapter 322 of the laws of 2021, is amended to read as
3 follows:
4 An incarcerated individual or respondent is guilty of aggravated
5 harassment of an employee by an incarcerated individual when, with
6 intent to harass, annoy, threaten or alarm a person in a facility whom
7 [he or she] such incarcerated individual or respondent knows or reason-
8 ably should know to be an employee of such facility or the board of
9 parole or the office of mental health, or a probation department, bureau
10 or unit or a police officer, [he or she] such incarcerated individual or
11 respondent causes or attempts to cause such employee to come into
12 contact with blood, seminal fluid, urine, feces, saliva, or the contents
13 of a toilet bowl, by throwing, tossing or expelling such fluid or mate-
14 rial.
15 § 2. This act shall take effect on the sixtieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04404-01-5
