BILL NUMBER: S5531
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
aggravated forcible touching by an incarcerated individual
 
PURPOSE:
To protect employees in correctional and other similar facilities from
sexual assault.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the Penal Law to provide for the crime of aggravated
forcible touching by an incarcerated individual. Provides that an incar-
cerated individual or respondent is guilty of such offense when such
incarcerated individual intentionally and for no legitimate purpose
forcibly touches sexual or other intimate parts of a person whom they
know or reasonably should know to be an employee of a facility, the
board of parole, the office of mental health, a probation department,
bureau or unit, or a police officer, for the purpose of degrading or
abusing such person or for the purpose of gratifying the incarcerated
individual's respondent's sexual desire. Defines aggravated forcible
touching by an incarcerated individual as a class E felony.
Section 2: Provides for an immediate effective date.
 
JUSTIFICATION:
New York State has previously taken much needed measures to prevent
sexual assault and harassment in the workplace. However, these measures
fail to address the unique environment and challenges faced by correc-
tional facility staff. As a result, we have seen corrections staff,
particularly female staff, subjected to repeated sexual harassment and
assault by the incarcerated individuals under their supervision.
A 2024 report by Spectrum News found that in New York City prisons alone
between 2021 and March 2024, there were 87 known cases of sexual assault
by incarcerated individuals on civilians and corrections staff. This is
completely unacceptable.
Measures must be taken to hold these individuals accountable and ensure
corrections staff can do their jobs without constant fear of sexual
harassment and assault. This legislation seeks to address this issue by
establishing the felony offense of aggravated forcible touching by an
incarcerated individual, ensuring that individuals found to have sexual-
ly abused corrections staff face appropriate consequences.
 
LEGISLATIVE HISTORY:
2021-S7540 (Serino): Referred to Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.