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

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 protect public employees from inmates who expel, throw or toss spit, saliva or sputum on them.

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

A major concern for correction officers and their families is the possibility of accidentally or unwittingly coming into contact with infectious fluids and/or deadly diseases through physical contact with inmates. The law as enacted has proven to be a valuable tool for correction officers and has resulted in decreases in incidents of intentional contact with bodily fluids by inmates. Present law includes blood, seminal fluid, and urine or feces as bodily fluids or materials that an inmate may cause or attempt to cause an employee to come into contact with to warrant a Class E Felony charge of Aggravated Harassment.

The omission of "saliva, spit, sputum" in this law has concerned correction staff since it has been documented by the Centers for Disease Control that saliva or sputum can at times contain the same infectious materials or diseases as the other bodily fluids listed in the law.

Legislative history

S.99/A.6080-2007-08; S.6906/A.9850 - 2006

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.