Assembly Bill A1869A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1869--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. HAWLEY, BLANKENBUSH, JENSEN, ANGELINO, GALLAHAN,
   LEMONDES, DeSTEFANO, MIKULIN, DURSO -- Multi-Sponsored by -- M. of  A.
   BARCLAY,  FRIEND,  WALSH -- read once and referred 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 incarcerated individual
 
   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 chapter 322
 of the laws of 2021, is amended to read as follows:
 § 240.32 Aggravated harassment of an employee by an  incarcerated  indi-
            vidual.
   An  incarcerated  individual  or  respondent  is  guilty of aggravated
 harassment of an employee  by  an  incarcerated  individual  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,  "incarcerated  individual" means an
 incarcerated individual or detainee in a  correctional  facility,  local
 correctional facility or a hospital, as such term is defined in subdivi-
 sion  two of section four hundred of the correction law. For purposes of
 this section, "respondent" means a juvenile in a secure  facility  oper-
 ated and maintained by the office of children and family services who is
 placed  with or committed to the office of children and family services.
 For purposes of this section, "facility" means a  correctional  facility
 or  local  correctional  facility,  hospital, as such term is defined in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00372-03-3
              

 A. 1869--A                          2
 
 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 incarcerated individual is
 a class E felony.
   § 2. This act shall take effect immediately.