What's happening
This bill expands aggravated harassment laws to include harassment by criminal defendants against court or facility employees, making it a class E felony.
Why it matters
Expands protections to more court employees. The bill broadens aggravated harassment laws to cover not only employees in correctional and mental health facilities, but also employees of the Office of Court Administration, local governments operating judicial facilities, and police officers working in court settings.
Targets specific harmful behaviors. By clarifying that throwing or attempting to throw bodily fluids or waste (such as saliva, blood, urine, feces, or toilet contents) at these employees constitutes aggravated harassment, the law addresses a particularly degrading and risky form of assault.
Recognizes risks faced by court staff. The amendment acknowledges that not only correctional staff, but also judges, clerks, security, and other court personnel face safety risks from individuals in custody, emphasizing the need for legal tools to deter and respond to such conduct.
Applies to pre-conviction defendants. The law makes clear that these felony charges apply even if the perpetrator is only accused—not yet convicted—of a crime, ensuring immediate protection for employees interacting with defendants in judicial facilities.
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Who cares
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Protect Employees from Inmate Harassment
Plain English, a few words. Used as the page title.
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History
- Enacting clause stricken
- Referred to codes
- Referred to codes
Companion bills
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.
Protect Staff from Inmate Harassment
In Assembly Committee · Codes · Sponsor Martin J. Golden
Protect Employees from Inmate Harassment
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8076
2017-2018 Regular Sessions
IN ASSEMBLY
May 25, 2017
Introduced by M. of A. CUSICK -- 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 or by a defendant
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, the office of court administration or the municipality that operates and maintains the judicial facility, or a police officer, he or she causes or attempts to cause such employee to come into contact with saliva, blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing or expelling such fluid or material.
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 juvenile 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10465-04-7
A. 8076 2
the office of children and family services, or a judicial facility. For purposes of this section, "judicial facility" means a courtroom, including rooms used to hold inmates while they wait for their case to be called.
Aggravated harassment of an employee by an inmate is a class E felony.
§ 2. The penal law is amended by adding a new section 240.33 to read as follows: § 240.33 Aggravated harassment of an employee by a defendant.
A criminal defendant is guilty of aggravated harassment of an employee by a defendant when, with intent to harass, annoy, threaten or alarm a person in a judicial facility whom he or she knows or reasonably should know to be an employee of the office of court administration or the municipality operating and maintaining the judicial facility, 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 saliva, blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing or expelling such fluid or material.
For purposes of this section, "criminal defendant" means a person who has been arrested or taken into custody for alleged criminal activity, including probation or parole violations, but has not been convicted of such alleged criminal activity. For purposes of this section, "judicial facility" means a courtroom, including rooms used to hold criminal defendants while they wait for their case to be called.
Aggravated harassment of an employee by a defendant is a class E felony.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
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Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.