senate Bill S1060

2013-2014 Legislative Session

Provides that an inmate of a correctional facility shall be guilty of a felony for harassing a correctional facility employee by fraudulent use of his or her name

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

S1060 - Bill Details

See Assembly Version of this Bill:
A578
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง240.32, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S233A, A6716A
2009-2010: S6136, A9194

S1060 - Bill Texts

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Provides that an inmate of a correctional facility shall be guilty of a felony for harassing a correctional facility employee by fraudulent use of his or her name in publishing the name or ordering products under the employee's name.

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BILL NUMBER:S1060

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
disciplinary actions imposed upon such inmates. One inmate sent a
fraudulent request to a magazine that caters to "gender-confused"
individuals adding several correction officers' names to that
magazine's pen pal list.
These officers are now receiving unwelcome correspondence from
"gender confused" inmates from all over the country.

According to law enforcement, the most these inmates can be charged
with is a class A misdemeanor, hardly a deterrent for most of these
inmates who are serving lengthy prison sentences. This bill sends a
strong message that this type of behavior will not be tolerated. A
class E felony could add up to four years additional prison time to
their sentences.

PRIOR LEGISLATIVE HISTORY:
2011-2012: S.233A/A.6716A; Amend and Recommit to Codes
2009-2010: S.6136/A.9194; Referred to Codes
2007-2006: A.3777, Held in Codes.
2006: A.11547, Referred to Codes.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:


This act shall take effect on the first of November next succeeding
the date on which it shall have become a law

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

                                  1060

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, BONACIC -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02085-01-3

S. 1060                             2

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.

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