S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4779
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  B. MILLER  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to penalizing an inmate in  a
   correctional  facility for harassing certain employees by fraudulently
   using the name of any such employee

   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[,]:
   1.  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[.]; OR
   2. HE OR SHE CAUSES SUCH EMPLOYEE'S NAME TO BE PUBLISHED IN ANY  WRIT-
 ING  WITHOUT  THE  PERMISSION OF SUCH EMPLOYEE OR FRAUDULENTLY USES SUCH
 EMPLOYEE'S NAME TO ORDER MAGAZINES OR ANY OTHER PRODUCT IN THE  NAME  OF
 SUCH EMPLOYEE.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08818-01-1

 A. 4779                             2
 
 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 on the first of November next succeed-
 ing the date on which it shall have become a law.