senate Bill S2040A

2013-2014 Legislative Session

Prohibits the throwing, tossing, expectorating or expelling of saliva on an employee of a correctional facility

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Archive: Last Bill Status - Passed Senate


  • 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
May 28, 2014 referred to codes
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.574
Feb 13, 2014 print number 2040a
amend and recommit to codes
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Mar 07, 2013 referred to codes
Mar 06, 2013 delivered to assembly
passed senate
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.125
Jan 09, 2013 referred to codes

Votes

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May 6, 2014 - Codes committee Vote

S2040A
13
3
committee
13
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Feb 28, 2013 - Codes committee Vote

S2040
14
2
committee
14
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2040 - Bill Details

See Assembly Version of this Bill:
A8810
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2141A
2009-2010: S7212

S2040 - Bill Texts

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Prohibits the throwing, tossing, expectorating or expelling of saliva or other bodily secretion or excretion at or on an employee of a correctional facility; such conduct shall be aggravated harassment of an employee.

view sponsor memo
BILL NUMBER:S2040

TITLE OF BILL: An act to amend the penal law, in relation to the aggra-
vated harassment of an employee by an inmate

PURPOSE OR GENERAL IDEA OF BILL: To amend Penal Law 240.32, in relation
to aggravated harassment of an employee by an inmate, to include acts or
actions by an inmate which are not currently covered.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the first undesignated paragraph of section 240.32 of
the Penal Law to include "saliva", "other bodily secretion or excre-
tion", and "the contents of a toilet bowl" within the list of fluids or
materials that when an inmate causes, or attempts to cause, an employee
to come in contact with, qualifies as "aggravated harassment of an
employee by an inmate." Further, this section adds "expectorating" and
"placing" within the list of ways that an inmate may make, or attempt to
make, the employee come into contact with the prohibited fluids or mate-
rials, which would constitute "aggravated harassment of an employee by
an inmate".

Section 2: Effective date.

JUSTIFICATION: In a correctional facility in Sullivan County 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.
It was later determined that the contents of the toilet bowl did not
contain urine or feces, which are materials currently covered under
Penal Law 240.32, and thus no action could be taken against the inmate
for "aggravated harassment of an employee by an inmate." This legis-
lation would correct this omission so that no matter the contents
contained in a toilet bowl the inmate could still be charged under
240.32. In addition, "Saliva" and "other bodily secretion or excretion"
are also added as material which constitute aggravated harassment. 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).

This legislation also seeks to remedy other omissions or oversights in
the law regarding the 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.

LEGISLATIVE HISTORY: S.2141-A of 2012: Passed Senate, Died in Assembly
Codes S.2141 of 2011: Passed Senate, Died in Assembly Codes S.7212 of
2010: Died in Senate Codes, Died in Assembly Codes A.744 of 2009: Died
in Assembly Codes S.5299 of 2008: Passed Senate, Died in Assembly Codes
S.5299 of 2007: Passed Senate, Died in Assembly Codes A.386 of 2006:
Died in Assembly Codes A.386 of 2005: Died in Assembly Codes S.982 of
2004: Died in Senate Codes, Died in Assembly Codes S.982 of 2003: Died
in Senate Codes, Died in Assembly Codes S.2270 of 2002: Died in Senate
Codes, Died in Assembly Codes S.2270 of 2001: Passed Senate, Died in
Assembly Codes

FISCAL IMPLICATIONS: None.

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

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

                                  2040

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. BONACIC, BALL, GALLIVAN, GRISANTI, RITCHIE -- 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 the aggravated harassment
  of an employee by an inmate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The first undesignated paragraph of 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:
  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,  he or she causes or attempts to cause such employee to
come into contact with blood, SALIVA, seminal fluid, urine or feces,  OR
OTHER BODILY SECRETION OR EXCRETION OR THE CONTENTS OF A TOILET BOWL, by
throwing,  tossing  [or], EXPECTORATING, expelling OR PLACING such fluid
or material AT OR ON SUCH EMPLOYEE.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02402-01-3

Co-Sponsors

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S2040A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8810
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2141A
2009-2010: S7212

S2040A (ACTIVE) - Bill Texts

view summary

Prohibits the throwing, tossing, expectorating or expelling of saliva or other bodily secretion or excretion at or on an employee of a correctional facility; such conduct shall be aggravated harassment of an employee.

view sponsor memo
BILL NUMBER:S2040A

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 Penal Law 240.32, in relation to aggravated harassment of an
employee by an inmate, to include acts or actions by an inmate which
are not currently covered.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the first undesignated paragraph of section 240.32
of the Penal Law to include the conduct of intentionally expectorating
upon an employee within the provisions of aggravated harassment of an
employee by an inmate.

Section 2: Effective date.

JUSTIFICATION:

Chapter 180 of the laws of 2013 expanded the definition of aggravated
harassment of an employee by an inmate to include the actions of an
inmate throwing the contents of a toilet bowl upon an employee. That
legislation was introduced to protect the dedicated employees of the
Department of Corrections and Community Supervision who perform
extremely dangerous work and are all too often faced with the
degrading act of being "thrown-on" by those who are incarcerated. The
Legislature recognized the need to protect employees of the Department
and passed the bill overwhelmingly. This legislation seeks to
criminalize similar degrading actions of an inmate who intentionally
expectorates on an employee of the Department. With the inclusion of
language that requires a specific intent by the incarcerated
individual to spit on an employee, the bill would ensure that
unintended expectorating, which can often occur during a heated
discussion or argument, does not constitute a crime under the bill.

LEGISLATIVE HISTORY:

S.2040 of 2013 (Similar): Passed Senate.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 2040--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. BONACIC, AVELLA, BALL, CARLUCCI, GALLIVAN, GRISANTI,
  MAZIARZ,  RITCHIE  -- 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 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the penal law, in relation to the aggravated  harassment
  of an employee by an inmate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 240.32 of the  penal  law,
as  amended  by  chapter  180 of the laws of 2013, is amended to read as
follows:
  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,  he or she causes or attempts to cause such employee to
come into contact with blood, SALIVA, seminal fluid,  urine,  feces,  or
the  contents  of  a  toilet  bowl,  by throwing, tossing, INTENTIONALLY
EXPECTORATING or expelling such fluid or material.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02402-08-4

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