Bill Text: NY A04448 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that an inmate of a correctional facility shall be guilty of a felony for harassing a correctional facility employee by fraudulent use of his or her name in publishing the name or ordering products under the employee's name.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A04448 Detail]

Download: New_York-2019-A04448-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4448
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A. B. MILLER, BRABENEC, DiPIETRO, FINCH, HAWLEY,
          RAIA -- Multi-Sponsored by -- M. of A. CROUCH, GARBARINO -- read  once
          and referred to the Committee on Codes
        AN  ACT to amend the penal law, in relation to penalizing an inmate in a
          correctional facility for harassing certain employees by  fraudulently
          using the name of any such employee
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 240.32 of the penal  law,  as  amended  by  section
     2  127-p  of  subpart  B  of  part C of chapter 62 of the laws of 2011, the
     3  opening paragraph as amended by chapter 180 of  the  laws  of  2013,  is
     4  amended to read as follows:
     5  § 240.32 Aggravated harassment of an employee by an inmate.
     6    An  inmate  or  respondent  is  guilty  of aggravated harassment of an
     7  employee by an inmate when, with intent to harass,  annoy,  threaten  or
     8  alarm  a  person in a facility whom he or she knows or reasonably should
     9  know to be an employee of such facility or the board of  parole  or  the
    10  office  of mental health, or a probation department, bureau or unit or a
    11  police officer[,]:
    12    1. he or she causes or attempts to cause such employee  to  come  into
    13  contact  with  blood,  seminal fluid, urine, feces, or the contents of a
    14  toilet  bowl,  by  throwing,  tossing  or  expelling   such   fluid   or
    15  material[.]; or
    16    2.  he or she causes such employee's name to be published in any writ-
    17  ing without the permission of such employee or  fraudulently  uses  such
    18  employee's  name  to order magazines or any other product in the name of
    19  such employee.
    20    For purposes of this section, "inmate" means an inmate or detainee  in
    21  a  correctional  facility, local correctional facility or a hospital, as
    22  such term is defined in subdivision two of section four hundred  of  the
    23  correction law. For purposes of this section, "respondent" means a juve-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06599-01-9
        A. 4448                             2
     1  nile in a secure facility operated and maintained by the office of chil-
     2  dren  and  family services who is placed with or committed to the office
     3  of children and family services. For purposes of this section,  "facili-
     4  ty" means a correctional facility or local correctional facility, hospi-
     5  tal,  as such term is defined in subdivision two of section four hundred
     6  of the correction law, or a secure facility operated and  maintained  by
     7  the office of children and family services.
     8    Aggravated harassment of an employee by an inmate is a class E felony.
     9    § 2. This act shall take effect on the first of November next succeed-
    10  ing the date on which it shall have become a law.