Senate Bill S679A

2019-2020 Legislative Session

Relates to aggravated harassment of an employee by an inmate

download bill text pdf

Sponsored By

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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Bill Amendments

2019-S679 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1238
2021-2022: S3612
2023-2024: S1913

2019-S679 - Summary

Relates to aggravated harassment of an employee by an inmate; eliminates the requirement that an inmate causes or attempts to cause an 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.

2019-S679 - Sponsor Memo

2019-S679 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    679
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 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. 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 or a
 police officer, 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].
   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.

2019-S679A (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: S1238
2021-2022: S3612
2023-2024: S1913

2019-S679A (ACTIVE) - Summary

Relates to aggravated harassment of an employee by an inmate; eliminates the requirement that an inmate causes or attempts to cause an 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.

2019-S679A (ACTIVE) - Sponsor Memo

2019-S679A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  679--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   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
 
   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 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].
   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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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