Bill Text: NY A02256 | 2021-2022 | General Assembly | Introduced


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 14-0)

Status: (Introduced - Dead) 2022-05-03 - held for consideration in codes [A02256 Detail]

Download: New_York-2021-A02256-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2256

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. HAWLEY, BLANKENBUSH, SALKA -- Multi-Sponsored by
          -- M. of A.  BARCLAY, FRIEND, WALSH -- read once and referred  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02172-01-1

        A. 2256                             2

     1  of  the  correction law, or a secure facility operated and maintained by
     2  the office of children and family services.
     3    Aggravated harassment of an employee by an inmate is a class E felony.
     4    § 2. This act shall take effect immediately.
feedback