S T A T E   O F   N E W   Y O R K
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                                  1332

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  RABBITT,  KOLB,  ERRIGO, FINCH, McDONOUGH --
  Multi-Sponsored by -- M. of  A.  BURLING,  WALKER  --  read  once  and
  referred to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to the crime of aggravated
  harassment of an 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 OR A RESPOND-
           ENT.
  An inmate or respondent is  guilty  of  aggravated  harassment  of  an
employee  by  an  inmate  OR  A  RESPONDENT when, with intent to harass,
annoy, threaten or alarm a person in a facility whom he knows or reason-
ably 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 causes or attempts to cause such employ-
ee  to  come  into contact with blood, seminal fluid, urine or feces, by
throwing, tossing or expelling such fluid or material.
  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
of children and family services OR AN INDIVIDUAL WHO IS PLACED  WITH  OR
ADMITTED  TO  A SECURE FACILITY OPERATED AND MAINTAINED BY THE OFFICE OF
MENTAL HEALTH AND TO WHICH SECURITY HOSPITAL  TREATMENT  ASSISTANTS  ARE
ASSIGNED.  For purposes of this section, "facility" means a correctional
facility  or  local  correctional  facility,  hospital,  as such term is

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

                                                           LBD04079-01-9

A. 1332                             2

defined in subdivision two of section four  hundred  of  the  correction
law, or a secure facility operated and maintained by the office of chil-
dren  and  family services, OR A SECURE FACILITY OPERATED AND MAINTAINED
BY  THE OFFICE OF MENTAL HEALTH AND TO WHICH SECURITY HOSPITAL TREATMENT
ASSISTANTS ARE ASSIGNED.
  Aggravated harassment of an employee by an inmate OR A RESPONDENT 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.