S T A T E O F N E W Y O R K
________________________________________________________________________
4566
2023-2024 Regular Sessions
I N A S S E M B L Y
February 16, 2023
___________
Introduced by M. of A. 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 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[,]:
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, "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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05602-01-3
A. 4566 2
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
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 on the first of November next succeed-
ing the date on which it shall have become a law.