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Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Substituted by A1394A
- Ordered to third reading cal.1522
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits the throwing of the contents of a toilet bowl on an employee of a correctional facility
Signed by Governor · Sponsor Aileen Gunther
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.