New York Senate Bill S04777

New York 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25
• Refer: 1/7/26

Caption

Relates to first responders, including correction officers, coming into contact with saliva by spitting, throwing, tossing, or expelling from or by an individual.

Summary

This bill amends the Penal Law to create a new offense for intentionally causing or attempting to cause a first responder to come into contact with saliva by spitting, throwing, tossing, or otherwise expelling saliva. The conduct must be done with the intent to harass, annoy, threaten, or alarm the first responder, and the actor must know or reasonably should know the person is a first responder. The bill expressly includes correction officers within the protected group, but the language is broader and applies to first responders generally. The measure would add this conduct to the state’s harassment-related criminal provisions by renumbering an existing subdivision and inserting a new one. It takes effect immediately upon enactment, meaning law enforcement and prosecutors could apply it right away. In practical terms, it would give the state another tool to address assaults or abusive conduct involving bodily fluids directed at emergency personnel and correction staff.

Impact

The bill would amend section 240.30 of the Penal Law by adding a new subdivision that criminalizes intentional saliva contact directed at first responders, including correction officers. This would expand the scope of existing harassment law and potentially increase criminal exposure for individuals who spit at or otherwise expel saliva toward protected personnel. It would affect defendants, prosecutors, correction officers, police, emergency medical personnel, firefighters, and other first responders covered by the term.

Sentiment

Based on the bill text and available context, the bill appears to be framed as a protective measure for first responders and correction officers, with an emphasis on deterring abusive and potentially unsanitary conduct. There is no recorded committee debate or vote history in the provided materials, so no formal opposition or support is documented here. The overall tone of the proposal is straightforward and punitive toward the prohibited conduct, suggesting likely institutional support for workplace safety and dignity for public safety workers.

Contention

The main policy issue is the breadth of the protected class and the criminalization of saliva contact, which could raise questions about intent, proof, and whether the conduct should be treated as harassment, assault, or a separate offense. Another possible point of contention is the inclusion of correction officers alongside other first responders, reflecting concern about abuse in custodial settings as well as emergency-response contexts. Because no committee transcript or vote record is provided, specific objections or supporters cannot be identified from the available materials.