Provides that an inmate of a correctional facility shall be guilty of a felony for harassing a correctional facility employee by fraudulent use of his or her name in publishing the name or ordering products under the employee's name.
TITLE OF BILL: An act to amend the penal law, in relation to penalizing an inmate in a correctional facility for harassing certain employees by fraudulently using the name of any such employee
PURPOSE OR GENERAL IDEA OF BILL: To penalize an inmate who harasses a correction officer by fraudulently using such officer's name to subscribe to magazines or purchase goods.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Section 240.32 of the Penal Law to provide that an inmate or respondent is guilty of aggravated harassment of an employee by an inmate, a class E felony, when, with intent to harass, annoy, threaten or alarm an employee of a state or local correctional facility, OCFS secure facility, Division of Parole, Office of Mental Health, a probation department or a police officer, such inmate or respondent causes the employee's name to either (a) be published in any writing without such employee's permission; or (b) be used fraudulently to order magazines or any other product in that employee's name.
Section 2: Provides effective date.
JUSTIFICATION: This legislation addresses situations occurring in prisons where inmates are fraudulently using correction employees' names to subscribe to magazines as a form of retaliation for disciplinary actions imposed upon such inmates. One inmate sent a fraudulent request to a magazine that caters to "gender-confused" individuals adding several correction officers' names to that magazine's pen pal list. These officers are now receiving unwelcome correspondence from "gender confused" inmates from all over the country.
According to law enforcement, the most these inmates can be charged with is a class A misdemeanor, hardly a deterrent for most of these inmates who are serving lengthy prison sentences. This bill sends a strong message that this type of behavior will not be tolerated. A class E felony could add up to four years additional prison time to their sentences.
PRIOR LEGISLATIVE HISTORY: 2011-2012: S.233A/A.6716A; Amend and Recommit to Codes 2009-2010: S.6136/A.9194; Referred to Codes 2007-2006: A.3777, Held in Codes. 2006: A.11547, Referred to Codes.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
This act shall take effect on the first of November next succeeding the date on which it shall have become a law
STATE OF NEW YORK ________________________________________________________________________ 1060 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MAZIARZ, BONACIC -- 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 penalizing an inmate in a correctional facility for harassing certain employees by fraudulently using the name of any such employee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 240.32 of the penal law, as amended by section 127-p of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: S 240.32 Aggravated harassment of an employee by an inmate. An inmate or respondent is guilty of aggravated harassment of an employee by an inmate when, with intent to harass, annoy, threaten or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility or the board of parole or the office of mental health, or a probation department, bureau or unit or a police officer
[,]: 1. he or she causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine or feces, by throwing, tossing or expelling such fluid or material [.]; OR 2. HE OR SHE CAUSES SUCH EMPLOYEE'S NAME TO BE PUBLISHED IN ANY WRIT- ING WITHOUT THE PERMISSION OF SUCH EMPLOYEE OR FRAUDULENTLY USES SUCH EMPLOYEE'S NAME TO ORDER MAGAZINES OR ANY OTHER PRODUCT IN THE NAME OF SUCH EMPLOYEE. For purposes of this section, "inmate" means an inmate or detainee in a correctional facility, local correctional facility or a hospital, as such term is defined in subdivision two of section four hundred of the correction law. For purposes of this section, "respondent" means a juve- nile in a secure facility operated and maintained by the office of chil- dren and family services who is placed with or committed to the officeEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02085-01-3 S. 1060 2
of children and family services. For purposes of this section, "facili- ty" means a correctional facility or local correctional facility, hospi- tal, as such term is defined in subdivision two of section four hundred of the correction law, or a secure facility operated and maintained by the office of children and family services. Aggravated harassment of an employee by an inmate is a class E felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.