BILL NUMBER: S392
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the penal law, in relation to aggravated harassment of
an employee by an incarcerated individual
 
PURPOSE:
To amend the penal law 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 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 sets forth the 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 incarcerated. The Legislature recognized
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.
 
LEGISLATIVE HISTORY:
2024 S.4699; 2020 S.6832, 2018 S.2046; 2016 S.1900; 2014 s.2040A
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S392: 240.32 penal law