What's happening
This bill expands the definition of aggravated harassment of an employee by an inmate to include saliva and intentional expectoration.
Why it matters
Expanding the law to cover saliva and intentional spitting ("expectorating") addresses a gap in protection for staff. previously, if an inmate spit on an employee, it might not have met the threshold for aggravated harassment, limiting consequences for this behavior.
The inclusion of saliva recognizes potential health risks. (e.g., transmission of infectious diseases) and the psychological impact on employees, possibly deterring such acts through heightened penalties.
By explicitly naming "intentional expectoration," the law clarifies that not just throwing bodily fluids, but also spitting directly, is a criminal act. this removes ambiguity and makes prosecution more straightforward in these cases.
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Who cares
Facility employees and police officers
The bill would explicitly cover saliva and intentional spitting under the aggravated harassment offense protecting these workers from inmates or respondents acting with intent to harass, annoy, threaten or alarm them.
Board of Parole, Office of Mental Health and probation employees
These employees are also named in the offense whose covered substances and conduct the bill would expand.
Inmates and respondents
They could face aggravated harassment charges for intentionally spitting saliva at covered employees, including attempts to cause contact, when the offense’s intent and knowledge requirements are met.
Headline styles
Expand Inmate Harassment Definition
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 50–13
- Advanced to third reading
- 2nd report cal.
- 1st report cal.706
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 53–7
Show 3 earlier actions
- Ordered to third reading cal.1699
- Reported and committed to rules
- 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 Protections for Staff
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2046
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sens. BONACIC, AVELLA, CARLUCCI, FUNKE, GALLIVAN, RANZEN- HOFER, RITCHIE -- 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. 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.
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
To amend Penal Law 240.32, in relation to aggravated harassment of an employee by an inmate, to include acts or actions by an inmate which are not currently covered.
Summary of specific provisions
Section 1: Amends the first undesignated paragraph of section 240.32 of the Penal Law to include the conduct of intentionally expectorating upon an employee within the provisions of aggravated harassment of an employee by an inmate.
Section 2: Effective date.
Justification
Chapter 180 of the laws of 2013 expanded the definition of aggravated harassment of an employee by an inmate to include the actions of an inmate throwing the contents of a toilet bowl upon an employee. That legislation was introduced to protect the dedicated employees of the Department of Corrections and Community Supervision who perform extremely dangerous work and are all too often faced with the degrading act of being "thrown-on" by those who are incarcerated. The Legislature recognized the need to protect employees of the Department and passed the bill overwhelmingly. This legislation seeks to criminalize similar degrading actions of an inmate who intentionally expectorates on an employee of the Department.
With the inclusion of language that requires a specific intent by the incarcerated individual to spit on an employee, the bill would ensure that unintended expectorating, which can often occur during a heated discussion or argument, does not constitute a crime under the bill.
Legislative history
S.2040-A of 2014: Passed Senate, Died in Assembly Codes S.1900 of 2015: Passed Senate, Died in Assembly Codes
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.