Senate Bill S1913

2023-2024 Legislative Session

Relates to aggravated harassment of an employee by an incarcerated individual

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1913 (ACTIVE) - Details

See Assembly Version of this Bill:
A1869
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1238, A5491
2019-2020: S679, A1760
2021-2022: S3612, A2256

2023-S1913 (ACTIVE) - Summary

Relates to aggravated harassment of an employee by an incarcerated individual; eliminates the requirement that an incarcerated individual 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.

2023-S1913 (ACTIVE) - Sponsor Memo

2023-S1913 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1913
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  ORTT, GALLIVAN -- 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 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
 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.

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