S T A T E O F N E W Y O R K
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2256
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
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Introduced by M. of A. HAWLEY, BLANKENBUSH, SALKA -- Multi-Sponsored by
-- M. of A. BARCLAY, FRIEND, WALSH -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02172-01-1
A. 2256 2
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.