S T A T E   O F   N E W   Y O R K
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                                 6716--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2011
                               ___________

Introduced by M. of A. TENNEY, RAIA, FINCH, HAWLEY -- Multi-Sponsored by
  -- M. of A.  BURLING, CERETTO, CROUCH, MAGEE, McLAUGHLIN, P. RIVERA --
  read once and referred to the Committee on Codes -- recommitted to the
  Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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  amended  by  section
127-p  of  subpart  B  of  part  C of chapter 62 of the laws of 2011, 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 board of parole or the
office of mental health, or a probation department, bureau or unit or  a
police officer[,]:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01176-03-2
              

A. 6716--A                          2

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
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.