Blankenbush, Ortiz, Stec, Finch, Raia, Salka, Lawrence
MLTSPNSR
Barclay, Friend, Walsh
Amd §240.32, Pen L
Relates to aggravated harassment of an employee by an inmate; eliminates the requirement that an inmate causes or attempts to cause an employee 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.
STATE OF NEW YORK
________________________________________________________________________
1760
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
___________
Introduced by M. of A. HAWLEY, BLANKENBUSH, ORTIZ, STEC, FINCH, RAIA --
Multi-Sponsored by -- M. of A. FRIEND, WALSH -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to 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 amended by section
2 127-p of subpart B of part C of chapter 62 of the laws of 2011, the
3 opening paragraph as amended by chapter 180 of the laws of 2013, is
4 amended to read as follows:
5 § 240.32 Aggravated harassment of an employee by an inmate.
6 An inmate or respondent is guilty of aggravated harassment of an
7 employee by an inmate when, with intent to harass, annoy, threaten or
8 alarm a person in a facility whom he or she knows or reasonably should
9 know to be an employee of such facility or the board of parole or the
10 office of mental health, or a probation department, bureau or unit or a
11 police officer, he or she causes or attempts to cause such employee to
12 come into contact with blood, seminal fluid, urine, feces, or the
13 contents of a toilet bowl[, by throwing, tossing or expelling such fluid
14 or material].
15 For purposes of this section, "inmate" means an inmate or detainee in
16 a correctional facility, local correctional facility or a hospital, as
17 such term is defined in subdivision two of section four hundred of the
18 correction law. For purposes of this section, "respondent" means a juve-
19 nile in a secure facility operated and maintained by the office of chil-
20 dren and family services who is placed with or committed to the office
21 of children and family services. For purposes of this section, "facili-
22 ty" means a correctional facility or local correctional facility, hospi-
23 tal, as such term is defined in subdivision two of section four hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02280-01-9
A. 1760 2
1 of the correction law, or a secure facility operated and maintained by
2 the office of children and family services.
3 Aggravated harassment of an employee by an inmate is a class E felony.
4 § 2. This act shall take effect immediately.
