BILL NUMBER:S1900

TITLE OF BILL:

An act to amend the penal law, in relation to aggravated 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 the conduct of intentionally expectorating
upon an employee within the provisions of aggravated harassment of an
employee by an inmate.

Section 2: Effective date.

JUSTIFICATION:

Chapter 180 of the laws of 2013 expanded the definition of aggravated
harassment of an employee by an inmate to include the actions of an
              

inmate throwing the contents of a toilet bowl upon an employee. That
legislation was introduced to protect the dedicated employees of the
Department of Corrections and Community Supervision who perform
extremely dangerous work and are all too often faced with the
degrading act of being "thrown-on" by those who are incarcerated. The
Legislature recognized the need to protect employees of the Department
and passed the bill overwhelmingly. This legislation seeks to
criminalize similar degrading actions of an inmate who intentionally
expectorates on an employee of the Department.

With the inclusion of language that requires a specific intent by the
incarcerated individual to spit on an employee, the bill would ensure
that unintended expectorating, which can often occur during a heated
discussion or argument, does not constitute a crime under the bill.

LEGISLATIVE HISTORY:

S.2040-A of 2014: Passed Senate, Died in Assembly Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.