New York Senate Bill S03090

New York 2025-2026 Regular Session

• Introduced: 1/23/25
• Refer: 1/23/25
• Refer: 1/7/26

Caption

Relates to aggravated harassment of an employee by an incarcerated individual; eliminates the requirement that an incarcerated individual causes or attempts to cause an employee to come into contact with blood, seminal fluid, urine, feces, saliva, or the contents of a toilet bowl by throwing, tossing or expelling such fluid or material.

Summary

S03090 amends section 240.32 of the penal law, which defines aggravated harassment of an employee by an incarcerated individual. The bill broadens the offense by removing the current requirement that the harmful contact be caused by throwing, tossing, or expelling bodily fluids or toilet contents. Under the bill, an incarcerated individual or respondent would commit the offense if, with intent to harass, annoy, threaten, or alarm, they cause or attempt to cause a facility employee, parole board employee, Office of Mental Health employee, probation staff, or a police officer to come into contact with blood, seminal fluid, urine, feces, saliva, or the contents of a toilet bowl. The bill also updates the statutory language to use gender-neutral terms such as “such person” instead of “he or she,” and it retains the existing definition of “incarcerated individual,” “respondent,” and “facility.” The offense remains classified as a class E felony and would take effect immediately upon enactment.

Impact

This bill would expand the scope of Penal Law § 240.32 by making it easier to prosecute or charge aggravated harassment in correctional, hospital, and juvenile secure facility settings. By deleting the specific requirement that the bodily fluid or material be thrown, tossed, or expelled, the law would cover a wider range of intentional or attempted contact with listed substances, potentially increasing criminal liability for incarcerated individuals and respondents who engage in such conduct toward covered employees and officers.

Sentiment

No committee transcript or vote record is provided, so there is no direct evidence of debate or formal support/opposition in the supplied materials. Based on the bill text and caption, the measure appears to be framed as a workplace safety and anti-harassment update for correctional and related facility staff, suggesting a protective and punitive policy approach rather than a controversial structural change.

Contention

The main point of contention is likely the expansion of criminal liability by removing the “throwing, tossing or expelling” limitation, which could be viewed as broadening the offense beyond clearly forceful conduct. Supporters would likely emphasize employee safety and closing a loophole in the current statute, while critics might argue the amendment could sweep in less direct conduct or increase felony exposure in institutional settings. No specific named opponents or supporters are identified in the provided record.