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 (55): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, 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, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (5): Hoylman, Krueger, Montgomery, Perkins, Squadron
Excused (1): Smith
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 the conduct of intentionally expectorating upon an employee within the provisions of aggravated harassment of an employee by an inmate.
Section 2: Effective date.
Chapter 180 of the laws of 2013 expanded the definition of aggravated harassment of an employee by an inmate to include the actions of an inmate throwing the contents of a toilet bowl upon an employee. That legislation was introduced to protect the dedicated employees of the Department of Corrections and Community Supervision who perform extremely dangerous work and are all too often faced with the degrading act of being "thrown-on" by those who are incarcerated. The Legislature recognized the need to protect employees of the Department and passed the bill overwhelmingly. This legislation seeks to criminalize similar degrading actions of an inmate who intentionally expectorates on an employee of the Department. With the inclusion of language that requires a specific intent by the incarcerated individual to spit on an employee, the bill would ensure that unintended expectorating, which can often occur during a heated discussion or argument, does not constitute a crime under the bill.
S.2040 of 2013 (Similar): Passed Senate.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2040--A 2013-2014 Regular Sessions IN SENATE (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: Section 1. The opening paragraph of section 240.32 of the penal law, as amended by chapter 180 of the laws of 2013, 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, feces, or the contents of a toilet bowl, by throwing, tossing, INTENTIONALLY EXPECTORATING or expelling such fluid or material. 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