S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4566
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to penalizing an inmate in a
   correctional facility for harassing certain employees by  fraudulently
   using the name of any such employee
 
   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 chapter  322
 of the laws of 2021, is amended to read as follows:
 § 240.32 Aggravated  harassment  of an employee by an incarcerated indi-
            vidual.
   An incarcerated individual  or  respondent  is  guilty  of  aggravated
 harassment  of  an  employee  by  an  incarcerated individual 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[,]:
   1.  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[.]; OR
    2. HE OR SHE CAUSES SUCH EMPLOYEE'S NAME TO BE PUBLISHED IN ANY WRIT-
 ING WITHOUT THE PERMISSION OF SUCH EMPLOYEE OR  FRAUDULENTLY  USES  SUCH
 EMPLOYEE'S  NAME  TO ORDER MAGAZINES OR ANY OTHER PRODUCT IN THE NAME OF
 SUCH EMPLOYEE.
   For purposes of  this  section,  "incarcerated  individual"  means  an
 incarcerated  individual  or  detainee in a correctional facility, local
 correctional facility or a hospital, as such term is defined in subdivi-
 sion two of section four hundred of the correction law. For purposes  of
 this  section,  "respondent" means a juvenile in a secure facility oper-
 ated and maintained by the office of children and family services who is

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05602-01-3
              

 A. 4566                             2
 
 placed with or committed to the office of children and family  services.
 For  purposes  of this section, "facility" means a correctional facility
 or local correctional facility, hospital, 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.
   Aggravated  harassment of an employee by an incarcerated individual is
 a class E felony.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.