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