BILL NUMBER:S2040

TITLE OF BILL:  An act to amend the penal law, in relation to the aggra-
vated harassment of an employee by an inmate

PURPOSE OR GENERAL IDEA OF BILL:  To amend Penal Law 240.32, in relation
to aggravated harassment of an employee by an inmate, to include acts or
actions by an inmate which are not currently covered.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1: Amends the first undesignated paragraph of section 240.32 of
the Penal Law to include "saliva", "other  bodily  secretion  or  excre-
tion",  and "the contents of a toilet bowl" within the list of fluids or
materials that when an inmate causes, or attempts to cause, an  employee
to  come  in  contact  with,  qualifies  as "aggravated harassment of an
employee by an inmate." Further, this section adds  "expectorating"  and
"placing" within the list of ways that an inmate may make, or attempt to
make, the employee come into contact with the prohibited fluids or mate-
rials,  which  would constitute "aggravated harassment of an employee by
an inmate".

Section 2: Effective date.

JUSTIFICATION:  In a correctional facility in Sullivan County an  inmate
emptied the contents of a toilet bowl on a correctional officer. Without
              

direct  knowledge  regarding  the contents of said bowl, the officer was
treated for possible exposure to urine, feces, and communicable disease.
It was later determined that the contents of the  toilet  bowl  did  not
contain  urine  or  feces,  which  are materials currently covered under
Penal Law 240.32, and thus no action could be taken against  the  inmate
for  "aggravated  harassment  of  an employee by an inmate." This legis-
lation would correct this  omission  so  that  no  matter  the  contents
contained  in  a  toilet  bowl  the  inmate could still be charged under
240.32. In addition, "Saliva" and "other bodily secretion or  excretion"
are  also added as material which constitute aggravated harassment. This
bill will go one step further in considering  the  types  of  unhealthy,
offensive  and  potentially injurious actions which may be taken against
our public servants in the course of their duties so that they can  feel
confident  and  protected under the law and so that inmates will not get
away with such actions which are  clearly  intended  to  harass,  annoy,
threaten  or  alarm. (Note: Section 240.32 is written so that there must
be intent on the part of the inmate to harass. Therefore,  for  example,
any  unintended  action  such  as an inmate who is sick and accidentally
vomits on an employee, would not constitute aggravated harassment).

This legislation also seeks to remedy other omissions or  oversights  in
the  law  regarding  the  actions  which  may occur and have occurred in
correctional and/or other facilities covered under this section of  law.
This  includes "expectorating" and "placing...at or on such employee" of
any material defined in this section of law.

LEGISLATIVE HISTORY:  S.2141-A of 2012: Passed Senate, Died in  Assembly
Codes  S.2141  of  2011: Passed Senate, Died in Assembly Codes S.7212 of
2010: Died in Senate Codes, Died in Assembly Codes A.744 of  2009:  Died
in  Assembly Codes S.5299 of 2008: Passed Senate, Died in Assembly Codes
S.5299  of  2007:  Passed  Senate, Died in Assembly Codes A.386 of 2006:
Died in Assembly Codes A.386 of 2005: Died in Assembly  Codes  S.982  of
2004:  Died  in Senate Codes, Died in Assembly Codes S.982 of 2003: Died
in Senate Codes, Died in Assembly Codes S.2270 of 2002: Died  in  Senate
Codes,  Died  in  Assembly  Codes S.2270 of 2001: Passed Senate, Died in
Assembly Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on  the  first  of  November
next succeeding the date on which it shall have become law.