Bill Text: NY S05156 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 5156 (Prior Session Legislation)

Introduced

Bill Title: Relates to the aggravated harassment of an employee by a patient in a state forensic psychiatric institution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S05156 Detail]

Download: New_York-2015-S05156-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5156
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 5, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  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 the aggravated  harassment
         of  an  employee by a patient in a state forensic psychiatric institu-
         tion
         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  and  the
    3  opening  paragraph  as  amended  by  chapter 180 of the laws of 2013, is
    4  amended to read as follows:
    5  S 240.32 Aggravated harassment of an employee [by an inmate].
    6    An inmate [or], respondent OR PATIENT is guilty of aggravated  harass-
    7  ment  of  an employee [by an inmate] when, with intent to harass, annoy,
    8  threaten or alarm a person in a facility,  INCLUDING  A  STATE  FORENSIC
    9  PSYCHIATRIC  INSTITUTION OPERATED AND MAINTAINED BY THE OFFICE OF MENTAL
   10  HEALTH, whom he or she knows or reasonably should know to be an employee
   11  of such facility or the board of parole or the office of mental  health,
   12  or a probation department, bureau or unit or a police officer, he or she
   13  causes  or  attempts  to  cause  such employee to come into contact with
   14  blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by
   15  throwing, tossing or expelling such fluid or material.
   16    For purposes of this section, "inmate" means an inmate or detainee  in
   17  a  correctional  facility, local correctional facility or a hospital, as
   18  such term is defined in subdivision two of section four hundred  of  the
   19  correction law. For purposes of this section, "respondent" means a juve-
   20  nile in a secure facility operated and maintained by the office of chil-
   21  dren  and  family services who is placed with or committed to the office
   22  of children  and  family  services.    FOR  PURPOSES  OF  THIS  SECTION,
   23  "PATIENT"  MEANS  A  PATIENT  RESIDING  IN  A STATE FORENSIC PSYCHIATRIC
   24  INSTITUTION, REGARDLESS OF THE LENGTH  OF  PATIENT  STAY,  OPERATED  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10835-01-5
       S. 5156                             2
    1  MAINTAINED BY THE OFFICE OF MENTAL HEALTH. For purposes of this section,
    2  "facility" means a correctional facility or local correctional facility,
    3  hospital,  as  such  term  is defined in subdivision two of section four
    4  hundred of the correction law, [or] a secure facility operated and main-
    5  tained  by the office of children and family services, OR A STATE FOREN-
    6  SIC PSYCHIATRIC INSTITUTION OPERATED AND MAINTAINED  BY  THE  OFFICE  OF
    7  MENTAL HEALTH.
    8    Aggravated harassment of an employee [by an inmate] is a class E felo-
    9  ny.
   10    S 2. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.