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.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (5): Hoylman, Krueger, Montgomery, Sanders, Squadron
Absent (1): Adams
Excused (1): Diaz
TITLE OF BILL: An act to amend the penal law, in relation to the aggravated harassment of an employee by an inmate
PURPOSE OR GENERAL IDEA OF BILL: To amend Penal Law 240.32, in relation to aggravated harassment of an employee by an inmate, to include acts or actions by an inmate which are not currently covered.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the first undesignated paragraph of section 240.32 of the Penal Law to include "saliva", "other bodily secretion or excretion", and "the contents of a toilet bowl" within the list of fluids or materials that when an inmate causes, or attempts to cause, an employee to come in contact with, qualifies as "aggravated harassment of an employee by an inmate." Further, this section adds "expectorating" and "placing" within the list of ways that an inmate may make, or attempt to make, the employee come into contact with the prohibited fluids or materials, which would constitute "aggravated harassment of an employee by an inmate".
Section 2: Effective date.
JUSTIFICATION: In a correctional facility in Sullivan County an inmate emptied the contents of a toilet bowl on a correctional officer. Without direct knowledge regarding the contents of said bowl, the officer was treated for possible exposure to urine, feces, and communicable disease. It was later determined that the contents of the toilet bowl did not contain urine or feces, which are materials currently covered under Penal Law 240.32, and thus no action could be taken against the inmate for "aggravated harassment of an employee by an inmate." This legislation would correct this omission so that no matter the contents contained in a toilet bowl the inmate could still be charged under 240.32. In addition, "Saliva" and "other bodily secretion or excretion" are also added as material which constitute aggravated harassment. This bill will go one step further in considering the types of unhealthy, offensive and potentially injurious actions which may be taken against our public servants in the course of their duties so that they can feel confident and protected under the law and so that inmates will not get away with such actions which are clearly intended to harass, annoy, threaten or alarm. (Note: Section 240.32 is written so that there must be intent on the part of the inmate to harass. Therefore, for example, any unintended action such as an inmate who is sick and accidentally vomits on an employee, would not constitute aggravated harassment).
This legislation also seeks to remedy other omissions or oversights in the law regarding the actions which may occur and have occurred in correctional and/or other facilities covered under this section of law. This includes "expectorating" and "placing...at or on such employee" of any material defined in this section of law.
LEGISLATIVE HISTORY: S.2141-A of 2012: Passed Senate, Died in Assembly Codes S.2141 of 2011: Passed Senate, Died in Assembly Codes S.7212 of 2010: Died in Senate Codes, Died in Assembly Codes A.744 of 2009: Died in Assembly Codes S.5299 of 2008: Passed Senate, Died in Assembly Codes S.5299 of 2007: Passed Senate, Died in Assembly Codes A.386 of 2006: Died in Assembly Codes A.386 of 2005: Died in Assembly Codes S.982 of 2004: Died in Senate Codes, Died in Assembly Codes S.982 of 2003: Died in Senate Codes, Died in Assembly Codes S.2270 of 2002: Died in Senate Codes, Died in Assembly Codes S.2270 of 2001: Passed Senate, Died in Assembly Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2040 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. BONACIC, BALL, GALLIVAN, GRISANTI, RITCHIE -- 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 an inmate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The first undesignated paragraph of 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: 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, he or she causes or attempts to cause such employee to come into contact with blood, SALIVA, seminal fluid, urine or feces, OR OTHER BODILY SECRETION OR EXCRETION OR THE CONTENTS OF A TOILET BOWL, by throwing, tossing
[or], EXPECTORATING, expelling OR PLACING such fluid or material AT OR ON SUCH EMPLOYEE. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02402-01-3