BILL NUMBER: S2286

SPONSOR: JORDAN
 
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 employ-
ee 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 extreme-
ly dangerous work and are all too often faced with the degrading act of
being "thrown-on" by those who are incarcerated. The Legislature recog-
nized 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.6832 of 2019-20

S.2046 of 2017-18

S.1900 of 2015-16

S.2040A of 2013-14

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.