Relates to aggravated harassment of an employee by an incarcerated individual; eliminates the requirement that an incarcerated individual causes or attempts to cause an employee to come into contact with blood, seminal fluid, urine, feces, saliva, or the contents of a toilet bowl by throwing, tossing or expelling such fluid or material.
STATE OF NEW YORK
________________________________________________________________________
1913
2023-2024 Regular Sessions
IN SENATE
January 17, 2023
___________
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 incarcerated individual
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 chapter 322
2 of the laws of 2021, is amended to read as follows:
3 § 240.32 Aggravated harassment of an employee by an incarcerated indi-
4 vidual.
5 An incarcerated individual or respondent is guilty of aggravated
6 harassment of an employee by an incarcerated individual when, with
7 intent to harass, annoy, threaten or alarm a person in a facility whom
8 he or she knows or reasonably should know to be an employee of such
9 facility or the board of parole or the office of mental health, or a
10 probation department, bureau or unit or a police officer, he or she
11 causes or attempts to cause such employee to come into contact with
12 blood, seminal fluid, urine, feces, saliva, or the contents of a toilet
13 bowl[, by throwing, tossing or expelling such fluid or material].
14 For purposes of this section, "incarcerated individual" means an
15 incarcerated individual or detainee in a correctional facility, local
16 correctional facility or a hospital, as such term is defined in subdivi-
17 sion two of section four hundred of the correction law. For purposes of
18 this section, "respondent" means a juvenile in a secure facility oper-
19 ated and maintained by the office of children and family services who is
20 placed with or committed to the office of children and family services.
21 For purposes of this section, "facility" means a correctional facility
22 or local correctional facility, hospital, as such term is defined in
23 subdivision two of section four hundred of the correction law, or a
24 secure facility operated and maintained by the office of children and
25 family services.
26 Aggravated harassment of an employee by an incarcerated individual is
27 a class E felony.
28 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00372-02-3
