What's happening
This bill expands the definition of aggravated harassment of an employee by an inmate to include any contact with specified bodily fluids, not just actions involving throwing, tossing, or expelling.
Why it matters
Broadens criminal liability for inmates. By removing the requirement that bodily fluids be "thrown, tossed, or expelled," any intentional contact—regardless of method—can now qualify as aggravated harassment, potentially increasing the number of prosecutable incidents.
Enhanced protection for facility staff. Employees, including correctional officers, parole board members, mental health staff, probation officers, and police officers working in facilities, may benefit from clearer legal recourse against a wider range of harassing actions involving bodily fluids.
Potential deterrent effect. The expanded definition may discourage inmates from using bodily fluids as a form of harassment or intimidation, knowing that any intentional contact (not just overt acts like throwing) could result in felony charges.
Raises questions of interpretation and enforcement. The broader language could lead to legal debates about what constitutes “contact,” possibly affecting how incidents are investigated and prosecuted, and could have implications for both inmate rights and staff safety protocols.
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Who cares
Headline styles
Protect Workers from Inmate Harassment
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1760
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. HAWLEY, BLANKENBUSH, ORTIZ, STEC, FINCH, RAIA -- Multi-Sponsored by -- M. of A. FRIEND, WALSH -- 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. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02280-01-9
A. 1760 2
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.
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.