New York 2025-2026 Regular Session

New York Assembly Bill A03916

Introduced
1/30/25  
Refer
1/30/25  

Caption

Establishes the crime of harassment of an employee by an incarcerated individual; makes such crime a class B misdemeanor.

Summary

Bill A03916 aims to amend the penal law and correction law in New York by establishing a new crime termed 'harassment of an employee by an incarcerated individual.' This crime is defined as actions taken by an incarcerated individual that are intended to harass, annoy, threaten, or alarm employees of correctional facilities or related entities. The bill specifies behaviors that constitute this harassment, such as displaying intimate parts in view of an employee or threatening to expose them to bodily fluids. The proposed offense is classified as a class B misdemeanor, which carries specific legal repercussions for those convicted. In addition to creating this new offense, the bill also amends existing laws regarding the eligibility of incarcerated individuals for various release programs. It stipulates that individuals convicted of harassment of an employee by an incarcerated individual will not be eligible for work release or community service programs. This amendment aims to enhance the safety and security of correctional facility employees by ensuring that those who engage in harassment are restricted from participating in programs that allow them to interact with the community. The bill is positioned as a necessary step to protect employees working in correctional facilities from harassment and abuse by incarcerated individuals. By criminalizing such behavior, the bill seeks to deter potential harassment and promote a safer working environment for correctional staff. The introduction of this legislation reflects a growing recognition of the challenges faced by employees in these settings and the need for legal protections against harassment. Overall, the sentiment surrounding Bill A03916 appears to be supportive among those advocating for employee safety in correctional facilities. However, there may be concerns regarding the implications of labeling certain behaviors as criminal offenses and the potential for increased incarceration rates. The bill has not yet been voted on, and discussions in committee may reveal further insights into its reception and potential amendments.

Impact

If enacted, Bill A03916 will create a new class B misdemeanor offense specifically targeting harassment of employees by incarcerated individuals. This will amend the penal law and correction law to include specific definitions and consequences for such actions. The bill's provisions will likely lead to increased scrutiny of inmate behavior and could result in heightened security measures within correctional facilities. Additionally, the amendments to eligibility for work release programs will restrict certain incarcerated individuals from participating in community-based programs, impacting their rehabilitation opportunities.

Sentiment

The general sentiment around Bill A03916 is supportive among advocates for correctional staff safety, as it addresses a pressing issue of harassment in correctional facilities. However, there may be some apprehension regarding the broader implications of criminalizing specific behaviors and how this might affect the incarcerated population and rehabilitation efforts. The lack of voting history and committee discussions at this stage suggests that the bill is still in the early stages of legislative consideration.

Contention

Notable points of contention may arise regarding the balance between protecting correctional employees and the rights of incarcerated individuals. Critics may argue that the bill could lead to overcriminalization of behaviors that may not warrant such severe legal consequences. Additionally, there may be concerns about the potential impact on rehabilitation and reintegration efforts for incarcerated individuals who are labeled as offenders under this new statute.

Companion Bills

NY S04890

Same As Establishes the crime of harassment of an employee by an incarcerated individual; makes such crime a class B misdemeanor.

Previously Filed As

NY S04890

Establishes the crime of harassment of an employee by an incarcerated individual; makes such crime a class B misdemeanor.

NY A10950

Establishes the sports officials protection act establishing the crimes of assault on sports officials and aggravated harassment of a sports official.

NY S00662

Establishes the crime of assault on sports officials and harassment of a sports official; makes harassment of a sports official a violation; requires the state education department to establish an information campaign to be distributed to all youth and school sports programs requiring such programs to disseminate information to parents and other spectators of such programs on the protections afforded sports officials.

NY S09435

Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.

NY S00723

Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask; makes such crimes a class B misdemeanor and a class A misdemeanor, respectively.

NY A03826

Establishes the crimes of deceptive wearing of a mask and aggravated deceptive wearing of a mask; makes such crimes a class B misdemeanor and a class A misdemeanor, respectively.

NY S07627

Establishes the crimes of spoofing a police agency telephone number in the first and second degrees as a class E felony and a class A misdemeanor.

NY S08468

Relates to assault on an elected official; establishes the crimes of stalking an elected official and aggravated harassment of an elected official.

NY S08476

Increases criminal penalties for aggravated harassment of an elected official and criminal trespass of an elected official's residence; provides that aggravated harassment of an elected official shall be a class E felony and criminal trespass of an elected official's residence shall be included in criminal trespass in the first degree and shall be a class D felony.

NY A09061

Relates to creating the crime of aggravated harassment of a survivor of domestic violence or sexual assault.

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