Prohibits the throwing, tossing, or expelling of the contents of a toilet bowl at or on an employee of a correctional facility; such conduct shall be aggravated harassment of an employee.
BILL NUMBER:S5858 REVISED 6/24/13
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 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."
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. 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:New bill although similar to S.2040 of 2013
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 ________________________________________________________________________ 5858 2013-2014 Regular Sessions IN SENATE June 18, 2013 ___________Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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, seminal fluid, urine
[or], feces, OR THE CONTENTS OF A TOILET BOWL, by throwing, tossing or expelling such fluid or material. 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. LBD02402-06-3