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