What's happening
This bill expands the definition of aggravated harassment of an employee by an inmate to include intentionally spitting saliva.
Why it matters
Expanding the law to include saliva means that inmates who intentionally spit on employees can now be prosecuted for aggravated harassment, not just for throwing bodily fluids like blood or urine. This addresses a loophole in current law, making it clear that spitting is treated as seriously as other forms of assault involving bodily fluids.
The amendment specifically targets intentional acts ("intentionally expectorating"). , ensuring that only deliberate attempts to harass or threaten staff—rather than accidental contact—will be subject to criminal penalties.
This change could provide greater protection and recourse for correctional, parole, mental health, probation, and police employees. , who often face spitting as a form of assault while performing duties, and may help deter such behavior by increasing the legal consequences.
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Who cares
Headline styles
Tougher Penalties for Inmate Harassment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to rules
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 Inmate Harassment Protections
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6832
2019-2020 Regular Sessions
IN SENATE
November 4, 2019
Introduced by Sen. JORDAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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.
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 employ- ee 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 extreme- ly dangerous work and are all too often faced with the degrading act of being "thrown-on" by those who are incarcerated. The Legislature recog- nized 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 2013-14: Passed Senate, Died in Assembly Codes
S.1900 of 2015-16: Passed Senate, Died in Assembly Codes
S.2046 of 2017-18: 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.