Bill Text: NY S08111 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to offenses committed by a defendant in a criminal proceeding against court employees by causing or attempting to cause such court officer to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing or expelling such fluid or material; such offense shall be a class E felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08111 Detail]

Download: New_York-2017-S08111-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8111
                    IN SENATE
                                     March 29, 2018
                                       ___________
        Introduced  by Sen. LANZA -- (at request of the Office of Court Adminis-
          tration) -- 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 the offenses committed by
          a defendant in a criminal proceeding against court employees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The penal law is amended by adding a new section 240.33 to
     2  read as follows:
     3  § 240.33 Aggravated harassment of a court officer by an accused.
     4    A person who stands charged with  a  criminal  offense  is  guilty  of
     5  aggravated harassment of a court officer by an accused when, with intent
     6  to  harass, annoy, threaten or alarm a person in a courthouse whom he or
     7  she knows or reasonably should know to be a court  officer,  he  or  she
     8  causes or attempts to cause such court officer to come into contact with
     9  blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by
    10  throwing, tossing or expelling such fluid or material.
    11    For  purposes of this section, a court officer means a uniformed court
    12  officer of the unified court system, and a person charged with a  crimi-
    13  nal offense means a defendant against whom a criminal action is pending.
    14    Aggravated  harassment  of  a court officer by an accused is a class E
    15  felony.
    16    § 2. Paragraph (e) of subdivision 3 of section 70.06 of the penal law,
    17  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
    18  follows:
    19    (e)  For  a  class E felony, the term must be at least three years and
    20  must not exceed four years; provided, however, that where  the  sentence
    21  is  for  the  class  E  felony [offense] offenses specified in [section]
    22  sections 240.32 and 240.33 of this chapter, the maximum term must be  at
    23  least three years and must not exceed five years.
    24    §  3.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law, provided, however, that the amendments to subdivision
    26  3 of section 70.06 of the penal law made by  section  two  of  this  act
    27  shall  not affect the expiration of such subdivision and shall be deemed
    28  to expire therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14522-01-8