S T A T E O F N E W Y O R K
________________________________________________________________________
7202--A
2017-2018 Regular Sessions
I N A S S E M B L Y
April 12, 2017
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to aggravated harassment of
an employee by an inmate or by a defendant
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, THE OFFICE OF COURT ADMINISTRATION OR THE MUNICIPALITY THAT OPER-
ATES AND MAINTAINS THE JUDICIAL FACILITY, or a police officer, he or she
causes or attempts to cause such employee to come into contact with
SALIVA, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10465-05-7
A. 7202--A 2
of the correction law, [or] a secure facility operated and maintained by
the office of children and family services, OR A JUDICIAL FACILITY. FOR
PURPOSES OF THIS SECTION, "JUDICIAL FACILITY" MEANS A COURTROOM, INCLUD-
ING ROOMS USED TO HOLD INMATES WHILE THEY WAIT FOR THEIR CASE TO BE
CALLED.
Aggravated harassment of an employee by an inmate is a class E felony.
§ 2. The penal law is amended by adding a new section 240.33 to read
as follows:
§ 240.33 AGGRAVATED HARASSMENT OF AN EMPLOYEE BY A DEFENDANT.
A CRIMINAL DEFENDANT IS GUILTY OF AGGRAVATED HARASSMENT OF AN EMPLOYEE
BY A DEFENDANT WHEN, WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM A
PERSON IN A JUDICIAL FACILITY WHOM HE OR SHE KNOWS OR REASONABLY SHOULD
KNOW TO BE AN EMPLOYEE OF THE OFFICE OF COURT ADMINISTRATION OR THE
MUNICIPALITY OPERATING AND MAINTAINING THE JUDICIAL FACILITY, 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 SALIVA, 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, "CRIMINAL DEFENDANT" MEANS A PERSON WHO
HAS BEEN ARRESTED OR TAKEN INTO CUSTODY FOR ALLEGED CRIMINAL ACTIVITY,
INCLUDING PROBATION OR PAROLE VIOLATIONS, BUT HAS NOT BEEN CONVICTED OF
SUCH ALLEGED CRIMINAL ACTIVITY. FOR PURPOSES OF THIS SECTION, "JUDICIAL
FACILITY" MEANS A COURTROOM, INCLUDING ROOMS USED TO HOLD CRIMINAL
DEFENDANTS WHILE THEY WAIT FOR THEIR CASE TO BE CALLED.
AGGRAVATED HARASSMENT OF AN EMPLOYEE BY A DEFENDANT IS A CLASS E FELO-
NY.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.