S 392: Adds the intentional expectoration of saliva to aggravated harassment of an employee by an incarcerated individual.

  
  STATE OF NEW YORK ________________________________________________________________________ 392 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. PALUMBO, GALLIVAN, HELMING -- 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 aggravated harassment of an employee by an incarcerated individual The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of section 240.32 of the penal law, 2 as amended by chapter 322 of the laws of 2021, is amended to read as 3 follows: 4 An incarcerated individual or respondent is guilty of aggravated 5 harassment of an employee by an incarcerated individual when, with 6 intent to harass, annoy, threaten or alarm a person in a facility whom 7 [he or she] such incarcerated individual or respondent knows or reason- 8 ably should know to be an employee of such facility or the board of 9 parole or the office of mental health, or a probation department, bureau 10 or unit or a police officer, [he or she] such incarcerated individual or 11 respondent causes or attempts to cause such employee to come into 12 contact with blood, saliva, seminal fluid, urine, feces, or the contents 13 of a toilet bowl, by throwing, tossing, intentionally expectorating or 14 expelling such fluid or material. 15 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01575-01-5