S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3919
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
 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
 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.
              

                                                            LBD10081-01-9

 S. 3919                             2
 
 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.