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

                                   744

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  PHEFFER,  SPANO, CROUCH, WALKER --
  Multi-Sponsored by -- M. of  A.  MAGEE,  McKEVITT  --  read  once  and
  referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to the 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.  The first undesignated paragraph of 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:
  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 OR SHE causes or attempts to cause such employee to
come into contact with blood, SALIVA, seminal fluid, urine or feces,  OR
OTHER BODILY SECRETION OR EXCRETION OR THE CONTENTS OF A TOILET BOWL, by
throwing,  tossing  [or], EXPECTORATING, expelling OR PLACING such fluid
or material AT OR ON SUCH EMPLOYEE.
  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02180-01-9