Assembly Bill A3249

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3249

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by M. of A. RABBITT, KOLB, FINCH, McDONOUGH -- read once and
  referred to the Committee 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  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 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 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, 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 materi-
al.
  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.
                                                           LBD05377-01-3
              

A. 3249                             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.