S T A T E O F N E W Y O R K
________________________________________________________________________
3490
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to 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. Section 240.32 of the penal law, as separately amended by
chapters 422 and 441 of the laws of 2000, is amended to read as follows:
S 240.32 Aggravated harassment of an employee by an inmate.
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 division of parole OR OF
THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES 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, by throwing,
tossing or expelling such fluid or material.
For purposes of this section, "inmate" means an inmate or detainee in
a correctional facility, local correctional facility or a hospital, as
such term is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the office of chil-
dren and family services who is placed with or committed to the office
of children and family services. For purposes of this section, "facili-
ty" means a correctional facility or local correctional facility, hospi-
tal, as such term is defined in subdivision two of section four hundred
of the correction law, or a secure facility operated and maintained by
the office of children and family services.
Aggravated harassment of an employee by an inmate is a class E felony.
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.