What's happening
This bill adds saliva and intentional expectoration to the list of substances that constitute aggravated harassment of an employee by an inmate.
Why it matters
Expands the definition of "aggravated harassment" to include saliva and intentional spitting (expectorating),. meaning inmates who spit or deliberately use saliva against facility employees can now be charged under this more serious offense.
Aims to address health and safety risks for employees,. as exposure to saliva can transmit diseases, and this change reflects concerns about biohazard exposure in correctional and mental health facilities.
May serve as a deterrent to inmates considering such actions,. potentially reducing incidents where employees are targeted with bodily fluids, and could lead to stricter consequences for offenders.
Signals a legislative response to gaps in existing protections for frontline staff,. showing that lawmakers are updating laws to match real-world challenges faced by correctional, parole, probation, and police employees.
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Who cares
Headline styles
Expand Inmate Harassment Protections
Plain English, a few words. Used as the page title.
Sponsors
11 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.
Tougher Penalties for Inmate Harassment
In Senate Committee · Codes · Sponsor Daphne Jordan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2279
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. GUNTHER, ORTIZ, COLTON, WOERNER, BRAUNSTEIN, BLAKE, RODRIGUEZ, MOSLEY, RAIA, PALMESANO, B. MILLER, BRABENEC -- Multi-Sponsored by -- M. of A. CROUCH, DiPIETRO, FRIEND, GALEF, GIGLIO, GOODELL, HAWLEY, 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.
LBD00892-01-9
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.