Senate Bill S5399A

2017-2018 Legislative Session

Relates to aggravated harassment of an employee by an inmate or a defendant

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

2017-S5399 - Details

See Assembly Version of this Bill:
A7202
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, add §240.33, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S3919

2017-S5399 - Summary

Provides that a courtroom or waiting area shall be a facility for purposes of aggravated harassment of an employee by an inmate or a defendant.

2017-S5399 - Sponsor Memo

2017-S5399 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5399
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S5399A (ACTIVE) - Details

See Assembly Version of this Bill:
A7202
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, add §240.33, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S3919

2017-S5399A (ACTIVE) - Summary

Provides that a courtroom or waiting area shall be a facility for purposes of aggravated harassment of an employee by an inmate or a defendant.

2017-S5399A (ACTIVE) - Sponsor Memo

2017-S5399A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5399--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be  committed  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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.