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

                                  1060

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

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
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

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

                                                           LBD02085-01-3

S. 1060                             2

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.