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 (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (3): Adams, Duane, Kruger
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 Section 240.32 of the penal law, in relation to aggravated harassment of an employee by an inmate to include acts or actions by an inmate which are not currently covered under Section 240.32.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds the following material to those which constitute aggravated harassment of an employee by an inmate: saliva, other bodily secretion or excretion, and the contents of a toilet bowl. Section 1 also amends 240.32 by including the actions of "expectorating" and" placing...at or on such employee" any of the elements defined in Section 240.32. This legislation also makes a technical correction to add the female gender to the definition of an inmate in this Section.
JUSTIFICATION: This legislation has been drafted in response to actions taken recently by an inmate against an employee at a correctional facility in Sullivan County. In this particular case 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. Since it was later determined that the contents of the toilet bowl did not contain urine or feces (which are material covered under 240.32), no action could be taken against the inmate under Section 240.32 of the penal law. 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. This legislation also seeks to remedy other omissions or oversights in the law regarding the types of material or 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.
REFER TO SECTION 240.32 PRACTICE COMMENTARY WHICH STATES THAT, AS THE CURRENT LAW IS WRITTEN WITH REGARD TO THE OBJECTIONABLE SUBSTANCE BEING THROWN, TOSSED OR EXPELLED. THIS "SPECIFICATION ARGUABLY EXCLUDES OTHER METHODOLOGIES, SUCH AS DIRECTLY PLACING THE OBJECTIONABLE SUBSTANCE ON AN EMPLOYEE'S PERSON"
"Saliva", and "other bodily secretion or excretion" are also added as material which constitute aggravated harassment under Section 240.32. 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).
LEGISLATIVE HISTORY: S.7212 of 2010: Referred to Codes A.1177 of 2008: Died in Assembly Codes A.386 of 2006: Died in Assembly Codes A.9438 of 2004: Died in Assembly Codes A.7717 of 2002: Died in Codes Committee
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 ________________________________________________________________________ 2141 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sen. 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 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 separately amended by chapters 422 and 441 of the laws of 2000, 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 division 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. LBD01903-01-1