BILL NUMBER: S3121

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the penal law, in relation to first responders coming
into contact with saliva by spitting, throwing, tossing or expelling
from or by an individual

 
PURPOSE:

The purpose of this bill is to better protect and enforce against first
responders who come into contact with saliva by spitting, throwing,
tossing, or expelling from or by an individual.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend section 240.30 of the Penal Law to
add a new action to be defined as aggravated harassment in the second
degree.

Section 2 of this bill would amend section 240.32 of the penal law to
              

require that an incarcerated individual or respondent is guilty of
aggravated harassment against a first responder when he or she causes or
attempts to cause such first responder to come into contact with saliva
by spitting such fluid or material.

Section 3 of this bill provides that the effective date shall take
effect immediately.

 
JUSTIFICATION:

During the 2013 Legislative Session, legislation was signed into law to
expand the definition of aggravated harassment of an employee to include
the actions of an inmate throwing the contents of a toilet bowl upon an
employee (Chapter 18o of the Laws of 2013). Chapter 18o of the Laws of
2013 was originally 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 degrading acts by
those who are incarcerated. The Legislature recognized the need to
protect the employees of the Department and passed the bill overwhelm-
ingly. This legislation seeks to criminalize the similar degrading
actions of an inmate or individual who intentionally expectorates on an
employee of the Department or any first responder as defined in NYS law.
With the inclusion of language that includes all first responders being
subjected to spit or any other of the above mentioned harassment, the
bill would ensure that unintended/intended expectorating, which can
often occur during a heated discussion or argument, does not constitute
a crime under the bill.

 
LEGISLATIVE HISTORY:

2021-22: S.8709 (Mannion) - Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.