S T A T E O F N E W Y O R K
________________________________________________________________________
750
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. RABBITT, KOLB, FINCH, McDONOUGH -- Multi-Spon-
sored by -- M. of A. BURLING -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the crime of aggravated
harassment of an employee
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 OR A RESPOND-
ENT.
An inmate or respondent is guilty of aggravated harassment of an
employee by an inmate OR A RESPONDENT when, with intent to harass,
annoy, threaten or alarm a person in a facility whom he knows or reason-
ably 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, he causes or attempts to cause such employ-
ee 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 OR AN INDIVIDUAL WHO IS PLACED WITH OR
ADMITTED TO A SECURE FACILITY OPERATED AND MAINTAINED BY THE OFFICE OF
MENTAL HEALTH AND TO WHICH SECURITY HOSPITAL TREATMENT ASSISTANTS ARE
ASSIGNED. For purposes of this section, "facility" means a correctional
facility or local correctional facility, hospital, as such term is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01627-01-1
A. 750 2
defined in subdivision two of section four hundred of the correction
law, or a secure facility operated and maintained by the office of chil-
dren and family services, OR A SECURE FACILITY OPERATED AND MAINTAINED
BY THE OFFICE OF MENTAL HEALTH AND TO WHICH SECURITY HOSPITAL TREATMENT
ASSISTANTS ARE ASSIGNED.
Aggravated harassment of an employee by an inmate OR A RESPONDENT 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.