Prohibits the throwing, tossing or expelling of saliva, spit or sputum at or on a public employee

BILL NUMBER:A243

Title of bill

An act to amend the penal law, in relation to the crime of aggravated harassment of an employee by an inmate

Purpose

To expand protection of public employees against aggravated harassment by including "saliva, spit or sputum" in the list of bodily fluids/contaminants that an inmate may not cause an employee to come into contact with, by means of throwing, tossing, or expelling such fluid or material.

Summary of provisions

This bill amends section 240.32 of the Penal Law to add "saliva, spit or sputum" to the list of bodily fluids that inmates may not throw, toss or expel at public employees.

Justification

Current law aims to protect correction officers from corning into contact with infectious fluids and/or deadly diseases by prohibiting inmates/respondents from causing or attempting to cause an employee to come into contact with blood, seminal fluid, urine and feces. Such acts warrant a Class E Felony charge of Aggravated Harass- ment. The law as enacted has proven to be a valuable tool in the protection of correction officers and has resulted in decreased inci- dents of intentional contact with bodily fluids by inmates.

Correction employees have been concerned about the omission of "saliva, spit, sputum" from this law because the Centers for Disease Control has documented that saliva, spit or sputum can contain the same infectious materials or diseases as the other bodily fluids listed in the law. This bill would provide correction employees with greater protection from deadly diseases and infectious materials.

Legislative history

A.6080 of 2007-2008, referred to codes A.9850 of 2005-2006, referred to 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.