S T A T E   O F   N E W   Y O R K
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                                  4001

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of A. TENNEY, RAIA, FINCH, HAWLEY, KATZ, DiPIETRO --
  Multi-Sponsored by -- M. of  A.  CERETTO,  CROUCH,  GARBARINO,  MAGEE,
  McLAUGHLIN, OAKS -- read once and referred 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, the
opening paragraph as amended by chapter 180 of  the  laws  of  2013,  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, feces, or the contents of a
toilet  bowl,  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06556-01-5
              

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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.