Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Assembly Bill A243
2009-2010 Legislative Session
Sponsored By
MAGNARELLI
Archive: Last Bill Status - In Assembly 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
Actions
2009-A243 (ACTIVE) - Details
2009-A243 (ACTIVE) - Sponsor Memo
BILL NUMBER:A243 TITLE OF BILL: An act to amend the penal law, in relation to the crime of aggravated harassment of an employee by an inmate PURPOSE: To expand protection of public employees against aggravated harassment by including "saliva, spit or sputum" in the list of bodily fluids/contaminants that an inmate may not cause an employee to come into contact with, by means of throwing, tossing, or expelling such fluid or material. SUMMARY OF PROVISIONS: This bill amends section 240.32 of the Penal Law to add "saliva, spit or sputum" to the list of bodily fluids that inmates may not throw, toss or expel at public employees. JUSTIFICATION: Current law aims to protect correction officers from corning into contact with infectious fluids and/or deadly diseases by prohibiting inmates/respondents from causing or attempting to cause an employee to come into contact with blood, seminal fluid, urine and feces. Such acts warrant a Class E Felony charge of Aggravated Harass- ment. The law as enacted has proven to be a valuable tool in the protection of correction officers and has resulted in decreased inci- dents of intentional contact with bodily fluids by inmates. Correction employees have been concerned about the omission of "saliva, spit, sputum" from this law because the Centers for Disease Control has
2009-A243 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 243 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. MAGNARELLI, PHEFFER, KOON, MAISEL, GUNTHER -- Multi-Sponsored by -- M. of A. BOYLAND, BROOK-KRASNY, DESTITO, GALEF, MARKEY, MAYERSOHN, MORELLE, SCHIMMINGER, STIRPE, SWEENEY, WEISENBERG -- 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 by an inmate 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] THE STATE, A MUNICIPAL CORPORATION, LOCAL GOVERN- MENTAL AGENCY, ANY POLITICAL SUBDIVISIONS OR PUBLIC AUTHORITY, he OR SHE causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine [or], feces, SALIVA, SPIT OR SPUTUM, 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. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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