What's happening
This bill expands aggravated harassment laws to include defendants in judicial facilities who target court, police, or mental health employees with bodily fluids, making it a class E felony.
Why it matters
Expands legal protections to more public employees. The bill increases the scope of aggravated harassment laws to cover not just correctional facility employees but also court staff, police, and mental health workers who work in judicial facilities, reflecting growing concerns about their safety on the job.
Addresses specific types of assault. By explicitly listing bodily fluids (saliva, blood, urine, feces, seminal fluid, and toilet contents), the bill targets a form of assault that poses health risks and is often used to intimidate or degrade staff, which has historically been difficult to prosecute under existing laws.
Covers incidents before conviction. The new provisions apply to defendants who have merely been arrested or taken into custody, not just those already convicted, meaning individuals awaiting trial can face felony charges for such acts, potentially increasing legal consequences for disruptive behavior in court settings.
Potential deterrent and workplace safety impact. By making this offense a class E felony, the bill aims to deter such behavior, potentially leading to a safer working environment for justice system and mental health employees, while also raising questions about proportionality and the effect on pre-trial defendants’ rights.
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Who cares
Court administration and municipal court employees
The bill would extend felony aggravated harassment protections to them in courtrooms and associated holding rooms.
Correctional employees
The bill would add saliva to the substances covered by the existing class E felony for aggravated harassment by an inmate.
Police officers, probation staff and Office of Mental Health employees
The bill would make intentionally throwing, tossing or expelling specified bodily substances at them in judicial facilities a class E felony for criminal defendants awaiting conviction.
Inmates and criminal defendants
The bill would expand inmates’ felony exposure to conduct in judicial facilities and create a separate class E felony for defendants who cause or attempt prohibited contact with covered employees.
Headline styles
Protect Workers From Inmate Abuse
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3919
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sen. GOUNARDES -- 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 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.
LBD10081-01-9
S. 3919 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.
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 or by a defendant
Purpose or general idea of bill
The purpose of this legislation is to provide protection to judges, court officers, and other personnel of judicial facilities.
Summary of provisions
Section one of this bill amends section 240.32 of the Penal Law to include employees from the Office of Court Administration and the muni- cipality that operates and maintains the judicial facility. This section also defines, "judicial facility" to mean a courtroom, including rooms used to hold inmates while they wait for their case to be called.
Section two of this bill amends the Penal Law to add a new section 240.33. Section 240.33 provides aggravated harassment of an employee by a defendant is a Class E felony. This will protect judges and court officers from unseemly acts by a criminal defender. Section two of this bill also defines, "criminal defendant" and "judicial facility".
Section three of this bill provides that this act shall take effect on the thirtieth day after it shall have become a law.
Existing law
Currently, section 240.32 of the Penal Law provides that when an inmate harasses an employee by causing or attempting 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, the inmate will be guilty of aggravated harassment, a Class E felony.
Justification
This legislation expands the protection that is currently being afforded to other employees to include the Office of Court Administration and the municipality that operates and maintains the judicial facility. Addi- tionally, criminal defendants could be charged with aggravated harass- ment of an employee, a Class E felony. This new legislation will act as a deterrent to keep inmates and criminal defendants from Acting inappro- priately when interacting with the courts and court personnel.
Prior legislative history
2018: S.5399-A - Passed the Senate 2017: S.5399-A - Referred to Codes
Fiscal implications
Undetermined
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.