Bill Text: NY S02040 | 2013-2014 | General Assembly | Amended

New York Senate Bill 2040 (Prior Session Legislation)

NY State Legislature page for S02040

Bill Title: Prohibits the throwing, tossing, expectorating or expelling of saliva or other bodily secretion or excretion at or on an employee of a correctional facility; such conduct shall be aggravated harassment of an employee.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Engrossed - Dead) 2014-05-28 - referred to codes [S02040 Detail]

Download: New_York-2013-S02040-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2040--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. BONACIC, AVELLA, BALL, CARLUCCI, GALLIVAN, GRISANTI,
         MAZIARZ,  RITCHIE  -- read twice and ordered printed, and when printed
         to be committed to the  Committee  on  Codes  --  recommitted  to  the
         Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to amend the penal law, in relation to the 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, SALIVA, seminal fluid,  urine,  feces,  or
   11  the  contents  of  a  toilet  bowl,  by throwing, tossing, INTENTIONALLY
   12  EXPECTORATING or expelling such fluid or material.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02402-08-4