senate Bill S2040A

Prohibits the throwing, tossing, expectorating or expelling of saliva 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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.125
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2013
    • PASSED SENATE
  • 06 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 07 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 13 / Feb / 2014
    • AMEND AND RECOMMIT TO CODES
  • 13 / Feb / 2014
    • PRINT NUMBER 2040A
  • 06 / May / 2014
    • 1ST REPORT CAL.574
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • 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:
A8810
Versions:
S2040
S2040A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง240.32, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2141A
2009-2010: S7212
2007-2008: S5299

Sponsor Memo

BILL NUMBER:S2040A

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 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
employee 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
extremely dangerous work and are all too often faced with the
degrading act of being "thrown-on" by those who are 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. 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 of 2013 (Similar): Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 2040--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. BONACIC, AVELLA, BALL, CARLUCCI, GALLIVAN, GRISANTI,
  MAZIARZ,  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 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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 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.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02402-08-4

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