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.
STATE OF NEW YORK
________________________________________________________________________
4448
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
Introduced by M. of A. B. MILLER, BRABENEC, DiPIETRO, FINCH, HAWLEY,
RAIA -- Multi-Sponsored by -- M. of A. CROUCH, GARBARINO -- read once
and referred to the Committee on Codes
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 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[,]:
12 1. he or she causes or attempts to cause such employee to come into
13 contact with blood, seminal fluid, urine, feces, or the contents of a
14 toilet bowl, by throwing, tossing or expelling such fluid or
15 material[.]; or
16 2. he or she causes such employee's name to be published in any writ-
17 ing without the permission of such employee or fraudulently uses such
18 employee's name to order magazines or any other product in the name of
19 such employee.
20 For purposes of this section, "inmate" means an inmate or detainee in
21 a correctional facility, local correctional facility or a hospital, as
22 such term is defined in subdivision two of section four hundred of the
23 correction law. For purposes of this section, "respondent" means a juve-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06599-01-9
A. 4448 2
1 nile in a secure facility operated and maintained by the office of chil-
2 dren and family services who is placed with or committed to the office
3 of children and family services. For purposes of this section, "facili-
4 ty" means a correctional facility or local correctional facility, hospi-
5 tal, as such term is defined in subdivision two of section four hundred
6 of the correction law, or a secure facility operated and maintained by
7 the office of children and family services.
8 Aggravated harassment of an employee by an inmate is a class E felony.
9 § 2. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
