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S1501Senate2025-2026 Session

Spitting at Officers Criminalized

Official title

“Includes 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”

Sponsor Thomas F. O'MaraSD-58Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
8%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill adds saliva to the substances that constitute aggravated harassment of correctional facility employees by incarcerated individuals.

Why it matters

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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Who cares

Headline styles

Spitting at Officers Criminalized

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.