Assembly Bill A677

2011-2012 Legislative Session

Prohibits the throwing, tossing or expelling of saliva, spit or sputum at or on a public employee

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Sponsored By

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

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2011-A677 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง240.32, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A243

2011-A677 (ACTIVE) - Summary

Prohibits the throwing, tossing or expelling of saliva, spit or sputum at or on an employee of a correctional facility; such conduct shall be aggravated harassment of an employee.

2011-A677 (ACTIVE) - Bill Text download pdf 

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

                                   677

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. MAGNARELLI, PHEFFER, MAISEL, GUNTHER -- Multi-
  Sponsored by -- M. of A.  BOYLAND, BROOK-KRASNY, GALEF, MARKEY, MAYER-
  SOHN, MORELLE, SCHIMMINGER,  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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