senate Bill S5858

Prohibits the throwing of the contents of a toilet bowl on an employee of a correctional facility

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Sponsor

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 / Jun / 2013
    • REFERRED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1522
  • 21 / Jun / 2013
    • SUBSTITUTED BY A1394A

Summary

Prohibits the throwing, tossing, or expelling of the contents of a toilet bowl 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:
A1394A
Versions:
S5858
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd ยง240.32, Pen L

Sponsor Memo

BILL NUMBER:S5858 REVISED 6/24/13

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 contents of a toilet bowl" within the
list of fluids or materials that when an inmate causes, or attempts to
cause, an employee to come in contact with, qualifies as "aggravated
harassment of an employee by an inmate."

Section 2: Effective date.

JUSTIFICATION: In a correctional facility in Sullivan County 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. It was later determined that the contents of the
toilet bowl did not contain urine or feces, which are materials
currently covered under Penal Law 240.32, and thus no action could be
taken against the inmate for "aggravated harassment of an employee by
an inmate." 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 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:New bill although similar to S.2040 of 2013

FISCAL IMPLICATIONS: None.

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
________________________________________________________________________

                                  5858

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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, seminal fluid, urine [or], feces, OR THE
CONTENTS OF A TOILET BOWL, by throwing, tossing or expelling such  fluid
or material.
  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.
                                                           LBD02402-06-3

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