senate Bill S2040A

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (18)
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

view votes

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

Co-Sponsors

view additional co-sponsors

S2040 - Details

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

S2040 - 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.

S2040 - Sponsor Memo

S2040 - Bill Text download pdf

                    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

view additional co-sponsors

S2040A (ACTIVE) - Details

See Assembly Version of this Bill:
A8810
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) - 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.

S2040A (ACTIVE) - Sponsor Memo

S2040A (ACTIVE) - Bill Text download pdf

                    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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.