Bill S2040A-2013

Prohibits the throwing, tossing, expectorating or expelling of saliva on an employee of a correctional facility

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.

Details

Actions

  • May 28, 2014: referred to codes
  • May 28, 2014: DELIVERED TO ASSEMBLY
  • May 28, 2014: PASSED SENATE
  • May 12, 2014: ADVANCED TO THIRD READING
  • May 7, 2014: 2ND REPORT CAL.
  • May 6, 2014: 1ST REPORT CAL.574
  • Feb 13, 2014: PRINT NUMBER 2040A
  • Feb 13, 2014: AMEND AND RECOMMIT TO CODES
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Mar 7, 2013: referred to codes
  • Mar 6, 2013: DELIVERED TO ASSEMBLY
  • Mar 6, 2013: PASSED SENATE
  • Mar 5, 2013: ADVANCED TO THIRD READING
  • Mar 4, 2013: 2ND REPORT CAL.
  • Feb 28, 2013: 1ST REPORT CAL.125
  • Jan 9, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - May 6, 2014
Ayes (13): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Griffo, Avella, Perkins, Espaillat, O'Brien
Nays (3): Squadron, Hoylman, Krueger

Memo

BILL NUMBER:S2040A

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.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

S.2040 of 2013 (Similar): Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

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.

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