Relates to the aggravated harassment of an employee by a patient in a state forensic psychiatric institution

BILL NUMBER:S5156

Title of bill

An act to amend the penal law, in relation to the aggravated harassment of an employee by a patient in a state forensic psychiatric institution

Purpose

To amend § 240.32 of the Penal Law, in relation to aggravated harassment of an employee by a patient in a state forensic psychiatric institution

Summary of provisions

Section 1 of the bill would amend the title of Penal Law § 240.32 to make it reflective of the proposed amendments. Section 2 of the bill would amend the first undesignated paragraph of Penal law § 240.32 to add patients residing in a state forensic psychiatric institution within the provision of such law. Section 3 of the bill would amend the second undesignated paragraph of Penal law 240.32 to include the definition of "patient" and to ensure that the term "facility" is inclusive of a state forensic psychiatric institution. Section 4 of the bill would amend the third undesignated paragraph of Penal law § 240.32 to make such paragraph reflective of the proposed amendments. Section 5 of the bill provides an effective date of the first of November next succeeding the date on which the bill shall become a law,

Existing law

Under current law, patients residing in a state forensic psychiatric institution operated and maintained by the Office of Mental health who engage in the misconduct set forth in Penal law 240.32 are not potentially subject to a class E felony for such behavior

Justification

Under existing law, correctional officers are afforded the protections of § 240.32 of the Penal Law, which criminalized certain deplorable behavior that is unfortunately engaged in by many inmates. Specifically, an inmate who throws feces, urine, seminal fluid, blood, or the contents of a toilet bowl on a correctional officer is subject to a criminal charge of aggravated harassment, which is a class E felony.

Employees who work in New York's forensic psychiatric institutions are often confronted with similar egregious behavior However, because the provisions of § 240,32 do not cover patients at a state forensic psychiatric institution, such behavior is not deemed aggravated harassment pursuant to the provisions of § 240 32 of the Penal law This legislation would correct this inequity by providing similar protections to employees of our state's forensic psychiatric institutions

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

The first day of November next succeeding the date on which the bill shall become law.