BILL NUMBER:  S7212

 TITLE OF BILL :
An act to amend the penal law, in relation to the aggravated
harassment of an employee by an inmate


 PURPOSE OR GENERAL IDEA OF BILL :
To amend Section 240.32 of the penal law, in relation to aggravated
harassment of an employee by an inmate to include acts or actions by
an inmate which are not currently covered under Section 240.32.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 adds the following material to those which constitute
aggravated harassment of an employee by an inmate: saliva, other
bodily secretion or excretion, and the contents of a toilet bowl.
Section I also amends 240.32 by including the actions of
"expectorating" and" placing...at or on such employee" any of the
elements defined in Section 240.32. This legislation also makes a
technical correction to add the female gender to the definition of an
inmate in this Section.

 JUSTIFICATION :
This legislation has been drafted in response to actions taken
recently by an inmate against an employee at a correctional facility
in Sullivan County. In this particular case an inmate emptied the
              

contents of a toilet bowl on a correctional officer. Without direct
knowledge regarding the contents of said bowl, the officer was treated
for possible exposure to urine, feces, and communicable disease. Since
it was later determined that the contents of the toilet bowl did not
contain urine or feces (which are material covered under 240.32), no
action could be taken against the inmate under Section 240.32 of the
penal law. This legislation would correct this omission so that no
matter the contents contained in a toilet bowl the inmate could still
be charged under 240.32. This legislation also seeks to remedy other
omissions or oversights in the law regarding the types of material or
actions which may occur and have occurred in correctional and/or other
facilities covered under this section of law. This includes
"expectorating" and "placing...at or on such employee" of any material
defined in this section of law.

 REFER TO SECTION 240.32 PRACTICE COMMENTARY WHICH STATES THAT, AS THE
CURRENT LAW IS WRITTEN WITH REGARD TO THE OBJECTIONABLE SUBSTANCE
BEING THROWN, TOSSED OR EXPELLED. THIS "SPECIFICATION ARGUABLY
EXCLUDES OTHER METHODOLOGIES, SUCH AS DIRECTLY PLACING THE
OBJECTIONABLE SUBSTANCE ON AN EMPLOYEE'S PERSON "

"Saliva", and "other bodily secretion or excretion" are also added as
material which constitute aggravated harassment under Section 240.32.
This bill will go one step further in considering the types of
unhealthy, offensive and potentially injurious actions which may be
taken against our public servants in the course of their duties so
that they can feel confident and protected under the law and so that
inmates will not get away with such actions which are clearly intended
to harass, annoy, threaten or alarm. (Note: Section 240.32 is written
so that there must be intent on the part of the inmate to harass.
Therefore, for example, any unintended action such as an inmate who is
sick and accidentally vomits on an employee, would not constitute
aggravated harassment).

 LEGISLATIVE HISTORY :
2007-08:   A.1177 Died in Assembly Codes
2005-06:   A.386 Died in Assembly Codes
01/15/04:  A.9438 - Referred to Codes
2001-02:   A.7717 - Died in Codes Committee
1999-00:   A.7717 - New Bill
 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.