Bill Text: NY A08076 | 2017-2018 | General Assembly | Introduced

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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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-15 - enacting clause stricken [A08076 Detail]

Download: New_York-2017-A08076-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8076
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 25, 2017
                                       ___________
        Introduced by M. of A. CUSICK -- 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 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
    25  of the correction law, [or] a secure facility operated and maintained by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10465-04-7
        A. 8076                             2
     1  the office of children and family services, or a judicial facility.  For
     2  purposes of this section, "judicial facility" means a courtroom, includ-
     3  ing  rooms  used  to  hold  inmates while they wait for their case to be
     4  called.
     5    Aggravated harassment of an employee by an inmate is a class E felony.
     6    §  2.  The penal law is amended by adding a new section 240.33 to read
     7  as follows:
     8  § 240.33 Aggravated harassment of an employee by a defendant.
     9    A criminal defendant is guilty of aggravated harassment of an employee
    10  by a defendant when, with intent to harass, annoy, threaten or  alarm  a
    11  person  in a judicial facility whom he or she knows or reasonably should
    12  know to be an employee of the office  of  court  administration  or  the
    13  municipality operating and maintaining the judicial facility, the office
    14  of  mental health, or a probation department, bureau or unit or a police
    15  officer, he or she causes or attempts to cause  such  employee  to  come
    16  into  contact  with  saliva,  blood, seminal fluid, urine, feces, or the
    17  contents of a toilet bowl, by throwing, tossing or expelling such  fluid
    18  or material.
    19    For  purposes of this section, "criminal defendant" means a person who
    20  has been arrested or taken into custody for alleged  criminal  activity,
    21  including  probation or parole violations, but has not been convicted of
    22  such alleged criminal activity. For purposes of this section,  "judicial
    23  facility"  means  a  courtroom,  including  rooms  used to hold criminal
    24  defendants while they wait for their case to be called.
    25    Aggravated harassment of an employee by a defendant is a class E felo-
    26  ny.
    27    § 3. This act shall take effect on the thirtieth day  after  it  shall
    28  have become a law.