S T A T E   O F   N E W   Y O R K
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                                  9194

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 13, 2009
                               ___________

Introduced by M. of A. TOWNSEND, BUTLER, CALHOUN, CROUCH, FIELDS, MILLER
  -- Multi-Sponsored by -- M. of A. BALL, BURLING, CORWIN, DUPREY, McDO-
  NOUGH,  McKEVITT,  TEDISCO,  WALKER  --  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 separately amended by
chapters 422 and 441 of the laws of 2000, is amended to read as follows:
S 240.32 Aggravated harassment of an employee by an inmate.
  An inmate or respondent is  guilty  of  aggravated  harassment  of  an
employee  by  an  inmate 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 division of parole or the
office  of mental health, or a probation department, bureau or unit or a
police officer[, he]:
  1. HE OR SHE causes or attempts to cause such employee  to  come  into
contact  with blood, seminal fluid, urine or feces, 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, "inmate" means an inmate or detainee in
a correctional facility, local correctional facility or a  hospital,  as
such  term  is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the office of chil-
dren and family services who is placed with or committed to  the  office

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09444-01-9
              

A. 9194                             2

of  children and family services. For purposes of this section, "facili-
ty" means a correctional facility or local correctional facility, hospi-
tal, 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 inmate is a class E felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.