New York Senate Bill S00392

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Refer: 1/7/26

Caption

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

Summary

S00392 amends New York’s Penal Law section 240.32, which defines aggravated harassment of an employee by an incarcerated individual. The bill expands the conduct covered by the offense to include intentionally expectorating saliva at a facility employee, in addition to the existing prohibited acts involving throwing or expelling blood, seminal fluid, urine, feces, or toilet bowl contents. It also makes conforming wording changes so the statute applies to an incarcerated individual or respondent using gender-neutral language. The bill is aimed at protecting employees in correctional and related facilities, as well as certain other covered personnel, from intentional bodily-fluid assaults. It would make clear that spitting on a covered employee can constitute aggravated harassment when done with intent to harass, annoy, threaten, or alarm and when the person knows or should know the target is a covered employee. The act would take effect immediately upon enactment.

Impact

If enacted, the bill would broaden the scope of Penal Law section 240.32 by expressly adding saliva and intentional spitting to the list of bodily fluids or materials that can trigger aggravated harassment charges. This would give prosecutors and correctional authorities a clearer statutory basis to charge incidents involving spitting at employees in facilities, including correctional staff and other specified personnel, and would likely increase the range of conduct treated as a criminal offense under this section.

Sentiment

Based on the bill text and available context, the measure appears to be framed as a workplace safety and employee-protection bill, with no recorded committee debate or votes provided. The sponsor list and caption suggest support for stronger protections for facility employees, and the bill’s immediate effective date indicates a sense of urgency. Because no transcripts or vote history are available, there is no documented opposition or support beyond the introduction of the bill itself.

Contention

The main policy issue is whether the statute should specifically include saliva and intentional expectoration, rather than relying on broader existing language about bodily-fluid contact. Supporters would likely view the change as closing a gap and recognizing spitting as a serious form of harassment or assault against correctional and related employees. Potential concerns could include whether the amendment expands criminal liability too broadly or duplicates existing assault, harassment, or menacing provisions, but no explicit objections are recorded in the provided materials.