Bill Text: NY A07202 | 2017-2018 | General Assembly | Amended

New York Assembly Bill 7202 (Prior Session Legislation)

Bill Title: Provides that a courtroom or waiting area shall be a facility for purposes of aggravated harassment of an employee by an inmate or a defendant.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A07202 Detail]

Download: New_York-2017-A07202-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         7202--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 12, 2017
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Codes  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the penal law, in relation to aggravated  harassment  of
          an employee by an inmate or by a defendant
          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],
    10  the  office  of  mental  health,  [or] a probation department, bureau or
    11  unit, the office of court administration or the municipality that  oper-
    12  ates and maintains the judicial facility, or a police officer, he or she
    13  causes  or  attempts  to  cause  such employee to come into contact with
    14  saliva, blood, seminal fluid, urine, feces, or the contents of a  toilet
    15  bowl, by throwing, tossing or expelling such fluid or material.
    16    For  purposes of this section, "inmate" means an inmate or detainee in
    17  a correctional facility, local correctional facility or a  hospital,  as
    18  such  term  is defined in subdivision two of section four hundred of the
    19  correction law. For purposes of this section, "respondent" means a juve-
    20  nile in a secure facility operated and maintained by the office of chil-
    21  dren and family services who is placed with or committed to  the  office
    22  of  children and family services. For purposes of this section, "facili-
    23  ty" means a correctional facility or local correctional facility, hospi-
    24  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.
                                                                   LBD10465-05-7

        A. 7202--A                          2
     1  of the correction law, [or] a secure facility operated and maintained by
     2  the  office of children and family services, or a judicial facility. For
     3  purposes of this section, "judicial facility" means a courtroom, includ-
     4  ing  rooms  used  to  hold  inmates while they wait for their case to be
     5  called.
     6    Aggravated harassment of an employee by an inmate is a class E felony.
     7    § 2. The penal law is amended by adding a new section 240.33  to  read
     8  as follows:
     9  § 240.33 Aggravated harassment of an employee by a defendant.
    10    A criminal defendant is guilty of aggravated harassment of an employee
    11  by  a  defendant when, with intent to harass, annoy, threaten or alarm a
    12  person in a judicial facility whom he or she knows or reasonably  should
    13  know  to  be  an  employee  of the office of court administration or the
    14  municipality operating and maintaining the judicial facility, the office
    15  of mental health, or a probation department, bureau or unit or a  police
    16  officer,  he  or  she  causes or attempts to cause such employee to come
    17  into contact with saliva, blood, seminal fluid,  urine,  feces,  or  the
    18  contents  of a toilet bowl, by throwing, tossing or expelling such fluid
    19  or material.
    20    For purposes of this section, "criminal defendant" means a person  who
    21  has  been  arrested or taken into custody for alleged criminal activity,
    22  including probation or parole violations, but has not been convicted  of
    23  such  alleged criminal activity. For purposes of this section, "judicial
    24  facility" means a courtroom,  including  rooms  used  to  hold  criminal
    25  defendants while they wait for their case to be called.
    26    Aggravated harassment of an employee by a defendant is a class E felo-
    27  ny.
    28    §  3.  This  act shall take effect on the thirtieth day after it shall
    29  have become a law.