S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2211
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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  including  the  throwing,
   tossing  or expelling of saliva at or on an employee of a correctional
   facility within the crime of 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. The opening paragraph of section 240.32 of the  penal  law,
 as  amended  by  chapter  322 of the laws of 2021, is amended to read as
 follows:
   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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05413-01-3