| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to codes |
| Feb 24, 2009 |
referred to codes |
Senate Bill S2558
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2009-S2558 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A243
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยง240.32, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
A677
2009-S2558 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2558
TITLE OF BILL :
An act to amend the penal law, in relation to the crime of aggravated
harassment of an employee by an inmate
PURPOSE :
To protect public employees from inmates who expel, throw or toss
spit, saliva or sputum on them.
SUMMARY OF PROVISIONS :
This bill amends section 240.32 of the Penal Law to add "saliva, spit
or sputum" to the list of bodily fluids that inmates may not throw,
toss or expel at public employees.
JUSTIFICATION :
A major concern for correction officers and their families is the
possibility of accidentally or unwittingly coming into contact with
infectious fluids and/or deadly diseases through physical contact with
inmates. The law as enacted has proven to be a valuable tool for
correction officers and has resulted in decreases in incidents of
intentional contact with bodily fluids by inmates. Present law
includes blood, seminal fluid, and urine or feces as bodily fluids or
materials that an inmate may cause or attempt to cause an employee to
come into contact with to warrant a Class E Felony charge of
2009-S2558 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2558
2009-2010 Regular Sessions
I N S E N A T E
February 24, 2009
___________
Introduced by Sen. DeFRANCISCO -- 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 the crime of 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
the office of mental health, or a probation department, bureau or unit
or a police officer] THE STATE, A MUNICIPAL CORPORATION, LOCAL GOVERN-
MENTAL AGENCY, ANY POLITICAL SUBDIVISIONS OR PUBLIC AUTHORITY, he OR SHE
causes or attempts to cause such employee to come into contact with
blood, seminal fluid, urine [or], feces, SALIVA, SPIT OR SPUTUM, 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
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