senate Bill S2141A

Prohibits the throwing, tossing, expectorating or expelling of saliva or other bodily secretion or excretion at or on an employee of a correctional facility

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2011
    • REFERRED TO CODES
  • 01 / Feb / 2011
    • 1ST REPORT CAL.65
  • 07 / Feb / 2011
    • 2ND REPORT CAL.
  • 08 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 07 / Mar / 2011
    • PASSED SENATE
  • 07 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 07 / Mar / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO CODES
  • 05 / Jan / 2012
    • PRINT NUMBER 2141A
  • 31 / Jan / 2012
    • 1ST REPORT CAL.159
  • 06 / Feb / 2012
    • 2ND REPORT CAL.
  • 07 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 13 / Feb / 2012
    • PASSED SENATE
  • 13 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Feb / 2012
    • REFERRED TO CODES

Summary

Prohibits the throwing, tossing, expectorating or expelling of saliva or other bodily secretion or excretion at or on an employee of a correctional facility; such conduct shall be aggravated harassment of an employee.

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Bill Details

See Assembly Version of this Bill:
A477A
Versions:
S2141
S2141A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง240.32, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S7212, A744
2007-2008: S5299, A1177

Sponsor Memo

BILL NUMBER:S2141A

TITLE OF BILL:
An act
to amend the penal law, in relation to the aggravated harassment of an
employee by an inmate

PURPOSE OR GENERAL IDEA OF BILL:
To amend Section 240.32 of 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 under Section 240.32.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds the following material to those which constitute
aggravated harassment of an employee by an inmate: saliva, other
bodily secretion or excretion, and the contents of a toilet bowl.
Section 1 also amends 240.32 by including the actions of
"expectorating" and" placing...at or on such employee" any of the
elements defined in Section 240.32. This legislation also makes a
technical correction to add the female gender to the definition of an
inmate in this Section.

JUSTIFICATION:
This legislation has been drafted in response to actions taken
recently by an inmate against an employee at a correctional facility
in Sullivan County. In this particular case an inmate emptied the
contents of a toilet bowl on a correctional officer. Without direct
knowledge regarding the contents of said bowl, the officer was
treated for possible exposure to urine. feces, and communicable
disease. Since it was later determined that the contents of the
toilet bowl did not contain urine or feces (which are material
covered under 240.32), no action could be taken against the inmate
under Section 240.32 of the penal law. This legislation would correct
this omission so that no matter the contents contained in a toilet
bowl the inmate could still be charged under 240.32. This legislation
also seeks to remedy other omissions or oversights in the law
regarding the types of material or actions which may occur and have
occurred in correctional and/or other facilities covered under this
section of law. This includes "expectorating" and "placing...at or on
such employee" of any material defined in this section of law.

REFER TO SECTION 240.32 PRACTICE COMMENTARY WHICH STATES
THAT, AS THE
CURRENT LAW IS WRITTEN WITH REGARD TO THE OBJECTIONABLE SUBSTANCE
BEING THROWN, TOSSED OR EXPELLED, THIS "SPECIFICATION ARGUABLY
EXCLUDES OTHER METHODOLOGIES, SUCH AS DIRECTLY PLACING THE
OBJECTIONABLE SUBSTANCE ON AN EMPLOYEE'S PERSON"

"Saliva", and "other bodily secretion or excretion" are also added as
material which constitute aggravated harassment under Section 240.32.
This bill will go one step further in considering the types of
unhealthy, offensive and potentially injurious actions which may be
taken against our public servants in the course of their duties so
that they can feel confident and protected under the law and so that
inmates will not get away with such actions which are clearly
intended to harass, annoy, threaten or alarm. (Note: Section 240.32


is written so that there must be intent on the part of the inmate to
harass. Therefore, for example, any unintended action such as an
inmate who is sick and accidentally vomits on an employee. would not
constitute aggravated harassment).

LEGISLATIVE HISTORY:
S.7212 of 2010: Referred to Codes
A.1177 of 2008: Died in Assembly Codes
A.386 of 2006: Died in Assembly Codes
A.9438 of 2004: Died in Assembly Codes
A.7717 of 2002: Died in Assembly Codes

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2141--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced by Sens. BONACIC, AVELLA, BALL, O'MARA, RITCHIE -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the penal law, in relation to the aggravated harassment
  of an employee by an inmate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The first undesignated paragraph of 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, 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 or feces,  OR
OTHER BODILY SECRETION OR EXCRETION OR THE CONTENTS OF A TOILET BOWL, by
throwing,  tossing  [or], EXPECTORATING, expelling OR PLACING such fluid
or material AT OR ON SUCH EMPLOYEE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01903-02-2

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