What's happening
This bill expands the crime of aggravated harassment of an employee by an inmate to include intentionally expectorating or expelling saliva.
Why it matters
Expanding the definition of aggravated harassment to include saliva means more inmate actions—like spitting—can now be prosecuted as felony offenses. , which could increase the number of charges brought against inmates for behavior that may have previously resulted in lesser discipline.
The amendment responds to concerns about the health and safety of facility employees. , as saliva can carry infectious diseases, and this change signals heightened recognition of the risks correctional staff face.
By specifically including “intentionally expectorating” (spitting) in the law, the bill draws a clearer legal line around what constitutes harassment. , potentially reducing ambiguity in prosecutions and making it easier for authorities to hold inmates accountable for these actions.
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Who cares
Headline styles
Expand Protections for Staff
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
History
- Referred to codes
- Referred to codes
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.
Expand Inmate Harassment Definition
In Assembly Committee · Codes · Sponsor John J. Bonacic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
659
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, BRINDISI, SEPULVEDA, ORTIZ, JENNE, COLTON, WOERNER, SKOUFIS, BRAUNSTEIN, BLAKE, RODRIGUEZ, BRABENEC, RAIA -- Multi-Sponsored by -- M. of A. CROUCH, DiPIETRO, FRIEND, GALEF, GIGLIO, GOODELL, McDONOUGH, STEC -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated harassment of an employee by an inmate
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of section 240.32 of the penal law, as amended by chapter 180 of the laws of 2013, is amended to read as follows:
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, he or she causes or attempts to cause such employee to come into contact with blood, saliva, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing, intentionally expectorating or expelling such fluid or material.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02986-01-7
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.