Senate Bill S2040

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 - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2013-S2040 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7212
2011-2012: S2141
2015-2016: S1900
2017-2018: S2046
2019-2020: S6832
2021-2022: S2286
2023-2024: S4699

2013-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.

2013-S2040 - Sponsor Memo

2013-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

2013-S2040A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7212
2011-2012: S2141
2015-2016: S1900
2017-2018: S2046
2019-2020: S6832
2021-2022: S2286
2023-2024: S4699

2013-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.

2013-S2040A (ACTIVE) - Sponsor Memo

2013-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 is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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