What's happening
This bill adds saliva to the substances that constitute aggravated harassment of correctional facility employees by incarcerated individuals.
Why it matters
Expands Legal Protection for Staff. By explicitly adding saliva to the list of substances in the law, the bill strengthens protections for correctional facility employees, emphasizing that spitting is recognized as a serious form of harassment.
Aligns with Health and Safety Concerns. Saliva can transmit infectious diseases, so this amendment acknowledges and addresses potential health risks correctional staff face, potentially deterring behavior that could compromise their safety.
Increases Accountability for Incarcerated Individuals. The change means incarcerated individuals could face aggravated harassment charges for actions that might previously have been prosecuted under lesser offenses, affecting both disciplinary processes within facilities and possible criminal penalties.
Clarifies Enforcement. By specifying saliva, the law reduces ambiguity for law enforcement and prosecutors in charging decisions, likely leading to more consistent application and clearer expectations for both staff and incarcerated people.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Spitting at Officers Criminalized
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1501
2025-2026 Regular Sessions
IN SENATE
January 10, 2025
Introduced by Sen. O'MARA -- 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 including the throwing, tossing or expelling of saliva at or on an employee of a correctional facility within the crime of aggravated harassment of an employee by an incarcerated individual
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 322 of the laws of 2021, is amended to read as follows:
An incarcerated individual or respondent is guilty of aggravated harassment of an employee by an incarcerated individual when, with intent to harass, annoy, threaten or alarm a person in a facility whom [he or she] such incarcerated individual or respondent 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] such incarcerated individual or respondent causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, saliva, or the contents of a toilet bowl, by throwing, tossing or expelling such fluid or material.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04404-01-5
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 including the throwing, tossing or expelling of saliva at or on an employee of a correctional facility within the crime of aggravated harassment of an employee by an incarcerated individual
Purpose
This bill is for the protection of correctional officers and brings the recognition of the ability to transmit disease through saliva. The smallest amount of blood within saliva can transmit the Hepatitis B virus.
Summary of provisions
Section 1. Amends the penal law, establishing an inmate is guilty of aggravated harassment if they intentionally expel, or throw bodily fluids at a correctional facility officer.
Justification
Current law, does not allow employees of Correctional Facilities to pursue any action when an inmate expels saliva on that employee. The existing NYS Penal law 240.32 currently excludes saliva in the listing of numerous bodily fluids that when thrown or expelled, can contaminate the recipient of that expelled saliva.
Prior legislative history
2018: S8520
2019: S1883
2021: S5498
2023: S2211
Fiscal implications
None to state.
Effective date
This act shall take effect the sixtieth 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.