Bill Text: NY A06716 | 2011-2012 | 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: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2012-01-26 - print number 6716a [A06716 Detail]

Download: New_York-2011-A06716-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6716
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2011
                                      ___________
       Introduced by M. of A. TENNEY -- 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 separately  amended  by
    2  chapters 422 and 441 of the laws of 2000, is amended to read as follows:
    3  S 240.32 Aggravated harassment of an employee by an inmate.
    4    An  inmate  or  respondent  is  guilty  of aggravated harassment of an
    5  employee by an inmate when, with intent to harass,  annoy,  threaten  or
    6  alarm  a  person in a facility whom he OR SHE knows or reasonably should
    7  know to be an employee of such facility or the division of parole or the
    8  office of mental health, or a probation department, bureau or unit or  a
    9  police officer[, he]:
   10    1.  HE  OR  SHE causes or attempts to cause such employee to come into
   11  contact with blood, seminal fluid, urine or feces, by throwing,  tossing
   12  or expelling such fluid or material[.]; OR
   13    2.  HE OR SHE CAUSES SUCH EMPLOYEE'S NAME TO BE PUBLISHED IN ANY WRIT-
   14  ING WITHOUT THE PERMISSION OF SUCH EMPLOYEE OR  FRAUDULENTLY  USES  SUCH
   15  EMPLOYEE'S  NAME  TO ORDER MAGAZINES OR ANY OTHER PRODUCT IN THE NAME OF
   16  SUCH EMPLOYEE.
   17    For purposes of this section, "inmate" means an inmate or detainee  in
   18  a  correctional  facility, local correctional facility or a hospital, as
   19  such term is defined in subdivision two of section four hundred  of  the
   20  correction law. For purposes of this section, "respondent" means a juve-
   21  nile in a secure facility operated and maintained by the office of chil-
   22  dren  and  family services who is placed with or committed to the office
   23  of children and family services. For purposes of this section,  "facili-
   24  ty" means a correctional facility or local correctional facility, hospi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01176-01-1
       A. 6716                             2
    1  tal,  as such term is defined in subdivision two of section four hundred
    2  of the correction law, or a secure facility operated and  maintained  by
    3  the office of children and family services.
    4    Aggravated harassment of an employee by an inmate is a class E felony.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.