What's happening
This bill expands the definition of aggravated harassment by incarcerated individuals to include saliva and intentional expectoration towards facility employees.
Why it matters
Expands the scope of aggravated harassment. The bill adds "saliva" and "intentionally expectorating" (spitting) to the list of substances and actions that constitute aggravated harassment by incarcerated individuals, meaning more incidents could now be prosecuted under this law.
Potentially increases penalties for certain behaviors. By including saliva and spitting, actions previously considered less serious or handled through internal discipline may now carry criminal charges, potentially resulting in more severe consequences for incarcerated individuals.
Aims to address staff safety and workplace conditions. Correctional facility employees, parole board members, mental health workers, probation officers, and police officers are specifically protected, reflecting concerns about their exposure to biohazards and efforts to deter acts seen as threats to their health and safety.
May raise concerns about criminalization and discipline. The change could spark debate about whether expanding criminal statutes for actions like spitting is the most effective or fair way to manage behavior in correctional settings, possibly impacting discussions on prison discipline, inmates’ rights, and public health protocols.
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Who cares
Correctional facility employees
The bill would expand aggravated harassment to cover saliva and intentional spitting at covered employees in a facility.
Incarcerated individuals and respondents
They could face aggravated harassment charges for causing or attempting to cause covered employees to contact saliva with intent to harass, annoy, threaten or alarm them.
Parole, mental health and probation employees and police officers
The expanded offense would apply when they are targeted in a facility by an incarcerated individual or respondent who knows or reasonably should know their employment status.
Headline styles
Protect Workers from Prison Harassment
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
392
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. PALUMBO, GALLIVAN, HELMING -- 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 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, 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.
LBD01575-01-5
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 aggravated harassment of an employee by an incarcerated individual
Purpose
To amend the penal law 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 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 sets forth the 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 incarcerated. The Legislature recognized 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.
Legislative history
2024 S.4699; 2020 S.6832, 2018 S.2046; 2016 S.1900; 2014 s.2040A
Fiscal implications
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.