S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2269
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to aggravated harassment of
   an employee by an incarcerated individual
 
   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] SUCH PERSON knows or reasonably should know to be an employ-
 ee 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] SUCH PERSON 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,  "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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01040-01-5
 A. 2269                             2
              

 
 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 immediately.