| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 18, 2012 |
print number 233a |
| Jan 18, 2012 |
amend and recommit to codes |
| Jan 04, 2012 |
referred to codes |
| Jan 05, 2011 |
referred to codes |
Senate Bill S233A
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
2011-S233 - Details
- See Assembly Version of this Bill:
- A6716
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §240.32, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S6136, A9194
2013-2014: S1060, A578
2015-2016: A4001
2017-2018: A6579
2019-2020: A4448
2021-2022: A4779
2023-2024: A4566
2011-S233 - Sponsor Memo
BILL NUMBER:S233
TITLE OF BILL: An act to amend the penal law, in relation to
penalizing an inmate in a correctional facility for harassing certain
employees by fraudulently using the name of any such employee
PURPOSE OR GENERAL IDEA OF BILL: To penalize an inmate who harasses a
correction officer by fraudulently using such officer's name to
subscribe to magazines or purchase goods.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Section 240.32 of
the Penal Law to provide that an inmate or respondent is guilty of
aggravated harassment of an employee by an inmate, a class E felony,
when, with intent to harass, annoy, threaten or alarm an employee of a
state or local correctional facility, OCFS secure facility, Division
of Parole, Office of Mental Health, a probation department or a police
officer, such inmate or respondent causes the employee's name to
either (a) be published in any writing without such employee's
permission; or (b) be used fraudulently to order magazines or any
other product in that employee's name.
Section 2: Provides effective date.
JUSTIFICATION: This legislation addresses situations occurring in
prisons where inmates are fraudulently using correction employees'
names to subscribe to magazines as a form of retaliation for
2011-S233 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
233
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. MAZIARZ -- 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 penalizing an inmate in a
correctional facility for harassing certain employees by fraudulently
using the name of any such 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.
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[, he]:
1. 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[.]; OR
2. HE OR SHE CAUSES SUCH EMPLOYEE'S NAME TO BE PUBLISHED IN ANY WRIT-
ING WITHOUT THE PERMISSION OF SUCH EMPLOYEE OR FRAUDULENTLY USES SUCH
EMPLOYEE'S NAME TO ORDER MAGAZINES OR ANY OTHER PRODUCT IN THE NAME OF
SUCH EMPLOYEE.
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
2011-S233A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6716
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §240.32, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S6136, A9194
2013-2014: S1060, A578
2015-2016: A4001
2017-2018: A6579
2019-2020: A4448
2021-2022: A4779
2023-2024: A4566
2011-S233A (ACTIVE) - Sponsor Memo
BILL NUMBER:S233A
TITLE OF BILL:
An act
to amend the penal law, in relation to penalizing an inmate in a
correctional facility for harassing certain employees by fraudulently
using
the name of any such employee
PURPOSE OR GENERAL IDEA OF BILL:
To penalize an inmate who harasses a
correction officer by fraudulently using such officer's name to
subscribe to magazines or purchase goods.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Section 240.32 of
the Penal Law to provide that an inmate or respondent is guilty of
aggravated harassment of an employee by an inmate, a class E felony,
when, with intent to harass, annoy, threaten or alarm an employee of
a state or local correctional facility, OCFS secure facility,
Division of Parole, Office of Mental Health, a probation department
or a police officer, such inmate or respondent causes the employee's
name to either (a) be published in any writing without such
employee's permission; or (b) be used fraudulently to order magazines
or any other product in that employee's name.
2011-S233A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
233--A
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. MAZIARZ -- 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 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to penalizing an inmate in a
correctional facility for harassing certain employees by fraudulently
using the name of any such 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 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:
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 board of parole or the
office of mental health, or a probation department, bureau or unit or a
police officer[,]:
1. 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[.]; OR
2. HE OR SHE CAUSES SUCH EMPLOYEE'S NAME TO BE PUBLISHED IN ANY WRIT-
ING WITHOUT THE PERMISSION OF SUCH EMPLOYEE OR FRAUDULENTLY USES SUCH
EMPLOYEE'S NAME TO ORDER MAGAZINES OR ANY OTHER PRODUCT IN THE NAME OF
SUCH EMPLOYEE.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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