BILL NUMBER:S2141

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 Section
240.32 of the penal
law, in relation to aggravated harassment of an employee by an inmate
to include acts or actions by an inmate which are not currently
covered under Section 240.32.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds the following material
to those which constitute aggravated harassment of an employee by an
inmate: saliva, other bodily secretion or excretion, and the contents
of a toilet bowl. Section 1 also amends 240.32 by including the
actions of "expectorating" and" placing...at or on such employee" any
of the elements defined in Section 240.32. This legislation also makes
a technical correction to add the female gender to the definition of
an inmate in this Section.

JUSTIFICATION:
This legislation has been drafted in response to
              

actions taken recently by an inmate against an employee at a
correctional facility in Sullivan County. In this particular case 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. Since it was later determined that the
contents of the toilet bowl did not contain urine or feces (which are
material covered under 240.32), no action could be taken against the
inmate under Section 240.32 of the penal law. 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
legislation also seeks to remedy other omissions or oversights in the
law regarding the types of material or actions which may occur and
have occurred in correctional and/or other facilities covered under
this section of law. This includes "expectorating" and "placing...at
or on such employee" of any material defined in this section of law.

REFER TO SECTION 240.32 PRACTICE COMMENTARY WHICH
STATES THAT, AS THE
CURRENT LAW IS WRITTEN WITH REGARD TO THE OBJECTIONABLE SUBSTANCE
BEING THROWN, TOSSED OR EXPELLED. THIS "SPECIFICATION ARGUABLY
EXCLUDES OTHER METHODOLOGIES, SUCH AS DIRECTLY PLACING THE
OBJECTIONABLE SUBSTANCE ON AN EMPLOYEE'S PERSON"

"Saliva", and "other bodily secretion or excretion" are also added as
material which constitute aggravated harassment under Section 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:
S.7212 of 2010:  Referred to Codes
A.1177 of 2008:  Died in Assembly Codes
A.386  of 2006:  Died in Assembly Codes
A.9438 of 2004:  Died in Assembly Codes
A.7717 of 2002:  Died in Codes Committee

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become law.