Skip to content
S1238Senate2017-2018 SessionSame asA5491

Protect Staff from Inmate Harassment

Official title

“Relates to aggravated harassment of an employee by an inmate”

Sponsor Robert OrttSD-62+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill broadens the definition of aggravated harassment of facility employees by inmates to include any method of causing contact with bodily fluids.

Why it matters

  1. Expands criminal liability. By removing the requirement that bodily fluids be thrown, tossed, or expelled, the bill broadens the ways an inmate can commit aggravated harassment, making it easier for prosecutors to charge inmates for any method of causing such contact with facility employees.

  2. Increases protections for staff. The change seeks to better protect correctional officers, parole board staff, mental health workers, and others by acknowledging that harmful contact with bodily fluids can occur in various ways—not just by obvious physical acts.

  3. Potential for broader prosecution. This expanded definition could result in more incidents being classified as felonies, potentially increasing the number of inmates charged with aggravated harassment and leading to harsher penalties.

  4. Impacts inmate-staff dynamics. The bill may have implications for the daily interactions between inmates and staff, possibly affecting disciplinary practices, inmate behavior, and how staff respond to or report incidents involving bodily fluids.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Protect Staff from Inmate Harassment

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

Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

Chair, Mental Health And Developmental Disabilities

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 51–12
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.704
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 50–10
Show 3 earlier actions
  1. Ordered to third reading cal.1692
  2. Committee discharged and committed to rules
  3. 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.

A5491Assembly

Protect Workers from Inmate Harassment

In Assembly Committee · Codes · Sponsor Stephen Hawley

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1238

2017-2018 Regular Sessions

IN SENATE

January 6, 2017

Introduced by Sens. ORTT, GALLIVAN -- read twice and ordered printed, and when printed to be committed 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. 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, 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].

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 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 immediately.

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

[ ] is old law to be omitted.

LBD04848-01-7

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

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to aggravated harassment of an employee by an inmate

Purpose or general idea of bill

:

This legislation removes language as it relates to causing an employee to come into contact with certain body fluid by an inmate.

Summary of specific provisions

:

Section 1 Amends Section 240.32 of the penal law to remove the words throwing, tossing, or expelling such fluid or material as it relates to having an employee come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl.

Section 2 is the effective date

Justification

:

Every day our corrections officers and other employees of correctional institutions are exposed to dangerous situations. Often these situations are exacerbated by inmates intentionally using whatever material they have at and to negatively impact these employees. Beyond that, the current law contains loopholes that often do not allow the inmates to be prosecuted for their assaults. Recently in Orleans County there was a case where an inmate who was bleeding from their mouth bit a corrections officer. A grand jury indicted the inmate under Section 240.32 of the Penal Law for their actions, however the Judge dismissed the case on a technical reading of the law, because the blood was not expelled onto the corrections officer the assault did not fall under this provision of law.

Prior legislative history

:

New Bill.

Fiscal implications

None.

Effective date

:

This act shall take effect immediately.

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