NY State Senate Bill 2019-S1883

Senate Bill S1883

2019-2020 Legislative Session

Includes the throwing, tossing or expelling of saliva at or on an employee of a correctional facility within the crime of aggravated harassment of an employee by an inmate

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 17, 2019	referred to codes

co-Sponsors

2019-S1883 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8520
2021-2022: S5498
2023-2024: S2211

2019-S1883 (ACTIVE) - Summary

Includes the throwing, tossing or expelling of saliva at or on an employee of a correctional facility within the crime of aggravated harassment of an employee by an inmate.

2019-S1883 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1883

SPONSOR: O'MARA
 
TITLE OF BILL:

An act to amend the penal law, in relation to including the throwing,
tossing or expelling of saliva at or on an employee of a correctional
facility within the crime of aggravated harassment of an employee by an
inmate

 
PURPOSE:

This bill is for the protection of correctional officers and brings the
recognition of the ability to transmit disease through saliva.  The
smallest amount of blood within saliva can transmit the Hepatitis B
virus.

 
SUMMARY OF PROVISIONS:

Section 1: The opening paragraph of section 240.32 of the penal law, as
amended by chapter 180 of the laws of 2013, is amended to read as

follows:

An inmate or respondent is guilty of aggravated harassment of an employ-
ee 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, he or she causes or attempts to cause such employee to come
into contact with blood, seminal fluid, urine, feces, saliva or the
contents of a toilet bowl, by throwing, tossing or expelling such fluid
or material.

 
JUSTIFICATION:

Due to current legislation the employee(s) of Correctional Facilities
are unable to pursue any action when an inmate expels saliva on that
said employee.

The existing NYS Penal law 240.32 currently excludes saliva in the list-
ing of numerous bodily fluids that when thrown or expelled, can contam-
inate the recipient of that expelled saliva.

 
PRIOR LEGISLATIVE HISTORY:

2018 - S 8520

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect the sixtieth day after it shall have become a
law.

2019-S1883 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1883
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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  including  the  throwing,
   tossing  or expelling of saliva at or on an employee of a correctional
   facility within the crime of aggravated harassment of an  employee  by
   an inmate

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 240.32 of the  penal  law,
 as  amended  by  chapter  180 of the laws of 2013, is amended to read as
 follows:
   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,  he or she causes or attempts to cause such employee to
 come into contact with blood, seminal fluid, urine,  feces,  SALIVA,  or
 the  contents  of  a toilet bowl, by throwing, tossing or expelling such
 fluid or material.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06679-01-9

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Senate Bill S1883

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Sponsored By

Thomas F. O'Mara