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A6579Assembly2017-2018 Session

Felony for Inmate Name Fraud

Official title

“Provides that an inmate of a correctional facility shall be guilty of a felony for harassing a correctional facility employee by fraudulent use of his or her name”

Sponsor Brian D. MillerAD-101+5 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill makes it a felony for inmates to harass correctional employees by publishing or fraudulently using their names.

Why it matters

  1. Expands the definition of "aggravated harassment" by inmates. to now include the unauthorized publication or fraudulent use of a correctional employee's name, in addition to existing physical acts (like throwing bodily fluids).

  2. Seeks to address non-physical forms of harassment. that can endanger or intimidate correctional staff, such as doxxing (publicly sharing personal information) or making fraudulent orders in their name, which can have real-world consequences for employees' safety and privacy.

  3. Elevates these offenses to felony status. , signaling the seriousness with which the state views both physical and reputational threats toward correctional workers, and potentially increasing penalties for inmates found guilty of such actions.

  4. May have broader implications for inmate communications and rights. , raising questions about the balance between protecting staff and limiting inmates’ ability to communicate or protest perceived mistreatment through written means.

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Headline styles

Felony for Inmate Name Fraud

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to codes
  2. Referred to codes

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6579

2017-2018 Regular Sessions

IN ASSEMBLY

March 9, 2017

Introduced by M. of A. B. MILLER, RAIA, FINCH, HAWLEY, DiPIETRO, BRABE- NEC -- Multi-Sponsored by -- M. of A. CROUCH, GARBARINO, MAGEE, McLAUGHLIN, OAKS -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to penalizing an inmate in a correctional facility for harassing certain employees by fraudulently using the name of any such employee

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. 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, the opening paragraph as amended by chapter 180 of the laws of 2013, is amended to read as follows: § 240.32 Aggravated harassment of an employee by an inmate.

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[,]:

1. he or she causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing or expelling such fluid or material[.]; or

2. he or she causes such employee's name to be published in any writing without the permission of such employee or fraudulently uses such employee's name to order magazines or any other product in the name of such employee.

For purposes of this section, "inmate" means an inmate or detainee in a correctional facility, local correctional facility or a hospital, as such term is defined in subdivision two of section four hundred of the correction law. For purposes of this section, "respondent" means a juve-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09427-01-7

A. 6579 2

nile in a secure facility operated and maintained by the office of children and family services who is placed with or committed to the office of children and family services. For purposes of this section, "facility" means a correctional facility or local correctional facility, hospital, as such term is defined in subdivision two of section four hundred of the correction law, or a secure facility operated and maintained by the office of children and family services.

Aggravated harassment of an employee by an inmate is a class E felony.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.