Senate Bill S392

2025-2026 Legislative Session

Relates to aggravated harassment of an employee by an incarcerated individual

download bill text pdf

Sponsored By

Current 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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2025-S392 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §240.32, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7212
2011-2012: S2141
2013-2014: S2040
2015-2016: S1900
2017-2018: S2046
2019-2020: S6832
2021-2022: S2286
2023-2024: S4699

2025-S392 (ACTIVE) - Summary

Adds the intentional expectoration of saliva to aggravated harassment of an employee by an incarcerated individual.

2025-S392 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    392
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. PALUMBO, GALLIVAN, HELMING -- 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 incarcerated individual

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of section 240.32 of the penal law,
 as amended by chapter 322 of the laws of 2021, is  amended  to  read  as
 follows:
   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 INCARCERATED INDIVIDUAL OR RESPONDENT knows or  reason-
 ably  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] SUCH INCARCERATED INDIVIDUAL OR
 RESPONDENT causes or attempts  to  cause  such  employee  to  come  into
 contact with blood, SALIVA, seminal fluid, urine, feces, or the contents
 of  a  toilet bowl, by throwing, tossing, INTENTIONALLY EXPECTORATING or
 expelling such fluid or material.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01575-01-5



              

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