Bill Text: NY S01251 | 2023-2024 | General Assembly | Introduced

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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, or the contents of a toilet bowl by throwing, tossing or expelling such fluid or material.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-01-13 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01251 Detail]

Download: New_York-2023-S01251-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1251

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by Sen. 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, or the contents of a toilet bowl[,
    13  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.
                                                                   LBD00372-01-3