Bill Text: NY S01238 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-05-01 - referred to codes [S01238 Detail]

Download: New_York-2017-S01238-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1238
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sens.  ORTT, GALLIVAN -- 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 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
    24  of the correction law, or a secure facility operated and  maintained  by
    25  the office of children and family services.
    26    Aggravated harassment of an employee by an inmate is a class E felony.
    27    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04848-01-7