S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7202--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to aggravated  harassment  of
   an employee by an inmate or by a defendant

   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:
 § 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, THE OFFICE OF COURT ADMINISTRATION OR THE MUNICIPALITY THAT  OPER-
 ATES AND MAINTAINS THE JUDICIAL FACILITY, or a police officer, he or she
 causes  or  attempts  to  cause  such employee to come into contact with
 SALIVA, blood, seminal fluid, urine, feces, or the contents of a  toilet
 bowl, 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.
              

                                                            LBD10465-05-7

 A. 7202--A                          2
 
 of the correction law, [or] a secure facility operated and maintained by
 the  office of children and family services, OR A JUDICIAL FACILITY. FOR
 PURPOSES OF THIS SECTION, "JUDICIAL FACILITY" MEANS A COURTROOM, INCLUD-
 ING  ROOMS  USED  TO  HOLD  INMATES WHILE THEY WAIT FOR THEIR CASE TO BE
 CALLED.
   Aggravated harassment of an employee by an inmate is a class E felony.
   § 2. The penal law is amended by adding a new section 240.33  to  read
 as follows:
 § 240.33 AGGRAVATED HARASSMENT OF AN EMPLOYEE BY A DEFENDANT.
   A CRIMINAL DEFENDANT IS GUILTY OF AGGRAVATED HARASSMENT OF AN EMPLOYEE
 BY  A  DEFENDANT WHEN, WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM A
 PERSON IN A JUDICIAL FACILITY WHOM HE OR SHE KNOWS OR REASONABLY  SHOULD
 KNOW  TO  BE  AN  EMPLOYEE  OF THE OFFICE OF COURT ADMINISTRATION OR THE
 MUNICIPALITY OPERATING AND MAINTAINING THE JUDICIAL FACILITY, THE OFFICE
 OF MENTAL HEALTH, OR A PROBATION DEPARTMENT, BUREAU OR UNIT OR A  POLICE
 OFFICER,  HE  OR  SHE  CAUSES OR ATTEMPTS TO CAUSE SUCH EMPLOYEE TO COME
 INTO CONTACT WITH SALIVA, BLOOD, SEMINAL FLUID,  URINE,  FECES,  OR  THE
 CONTENTS  OF A TOILET BOWL, BY THROWING, TOSSING OR EXPELLING SUCH FLUID
 OR MATERIAL.
   FOR PURPOSES OF THIS SECTION, "CRIMINAL DEFENDANT" MEANS A PERSON  WHO
 HAS  BEEN  ARRESTED OR TAKEN INTO CUSTODY FOR ALLEGED CRIMINAL ACTIVITY,
 INCLUDING PROBATION OR PAROLE VIOLATIONS, BUT HAS NOT BEEN CONVICTED  OF
 SUCH  ALLEGED CRIMINAL ACTIVITY. FOR PURPOSES OF THIS SECTION, "JUDICIAL
 FACILITY" MEANS A COURTROOM,  INCLUDING  ROOMS  USED  TO  HOLD  CRIMINAL
 DEFENDANTS WHILE THEY WAIT FOR THEIR CASE TO BE CALLED.
   AGGRAVATED HARASSMENT OF AN EMPLOYEE BY A DEFENDANT IS A CLASS E FELO-
 NY.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.