S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5399--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be  committed  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10465-03-7

 S. 5399--A                          2
 
 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, 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.