STATE OF NEW YORK ________________________________________________________________________ 5498 2021-2022 Regular Sessions IN SENATE March 9, 2021 ___________ Introduced by Sen. O'MARA -- 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 including the throwing, tossing or expelling of saliva at or on an employee of a correctional facility within the crime of 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. The opening paragraph of section 240.32 of the penal law, 2 as amended by chapter 180 of the laws of 2013, is amended to read as 3 follows: 4 An inmate or respondent is guilty of aggravated harassment of an 5 employee by an inmate when, with intent to harass, annoy, threaten or 6 alarm a person in a facility whom he or she knows or reasonably should 7 know to be an employee of such facility or the board of parole or the 8 office of mental health, or a probation department, bureau or unit or a 9 police officer, he or she causes or attempts to cause such employee to 10 come into contact with blood, seminal fluid, urine, feces, saliva, or 11 the contents of a toilet bowl, by throwing, tossing or expelling such 12 fluid or material. 13 § 2. This act shall take effect on the sixtieth day after it shall 14 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10132-01-1