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Assembly Bill A5491

2017-2018 Legislative Session

Relates to aggravated harassment of an employee by an inmate

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Archive: Last Bill Status - In Assembly Committee

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2017-A5491 (ACTIVE) - Details

See Senate Version of this Bill:
S1238
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1760, S679
2021-2022: A2256, S3612
2023-2024: A1869, S1913
2025-2026: A2269, S3090

2017-A5491 (ACTIVE) - Summary

Relates to aggravated harassment of an employee by an inmate; eliminates the requirement that an inmate causes or attempts to cause an employee to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl by throwing, tossing or expelling such fluid or material.

2017-A5491 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5491
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by M. of A. HAWLEY, BLANKENBUSH, ORTIZ, STEC, FINCH, RAIA --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to 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. 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, the
 opening paragraph as amended by chapter 180 of  the  laws  of  2013,  is
 amended to read as follows:
 § 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, he or she causes or attempts to cause such  employee  to
 come  into  contact  with  blood,  seminal  fluid,  urine, feces, or the
 contents of a toilet bowl[, by throwing, tossing or expelling such fluid
 or material].
   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. 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.
   § 2. This act shall take effect immediately.

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