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Senate Bill S3612

2021-2022 Legislative Session

Relates to aggravated harassment of an employee by an inmate

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S3612 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1238
2019-2020: S679
2023-2024: S1913
2025-2026: S3090

2021-S3612 (ACTIVE) - Summary

Relates to aggravated harassment of an employee by an inmate; eliminates the requirement that an inmate causes or attempts to cause an employee to come into contact with blood, seminal fluid, urine, feces, saliva, or the contents of a toilet bowl by throwing, tossing or expelling such fluid or material.

2021-S3612 (ACTIVE) - Sponsor Memo

2021-S3612 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3612
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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
 
   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, SALIVA, 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
 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.

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