Bill Text: NY A01869 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 1869

Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced) 2024-05-07 - held for consideration in codes [A01869 Detail]

Download: New_York-2023-A01869-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         1869--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by M. of A. HAWLEY, BLANKENBUSH, JENSEN, ANGELINO, GALLAHAN,
          LEMONDES, DeSTEFANO, MIKULIN, DURSO -- Multi-Sponsored by -- M. of  A.
          BARCLAY,  FRIEND,  WALSH -- read once and referred to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00372-03-3

        A. 1869--A                          2

     1  subdivision two of section four hundred of  the  correction  law,  or  a
     2  secure  facility  operated  and maintained by the office of children and
     3  family services.
     4    Aggravated  harassment of an employee by an incarcerated individual is
     5  a class E felony.
     6    § 2. This act shall take effect immediately.