S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3090
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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] SUCH PERSON knows or reasonably should know to be an employ-
 ee  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]  SUCH  PERSON 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01040-01-5
 S. 3090                             2
              
             
                          
                 
 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.