New York S 4890: Prohibits the operation of N.Y. city transit authority subways or trains without a conductor on board

Bill Text

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S04890 Summary:

BILL NOS04890 

&nbsp

SAME ASSAME AS A03916

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRHARCKHAM, MARTINEZ

&nbsp

MLTSPNSR

&nbsp

Add §240.34, Pen L; amd §851, Cor L

&nbsp

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

Go to top S04890 Actions:

BILL NOS04890 

&nbsp

02/14/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04890 Committee&nbspVotes:

Go to topS04890 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04890 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4890

 2025-2026 Regular Sessions

 IN SENATE

 February 14, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes

 AN ACT to amend the penal law and the correction law, in relation to
 establishing the crime of 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 penal law is amended by adding a new section 240.34 to
 2 read as follows:
 3 § 240.34 Harassment of an employee by an incarcerated individual.
 4 An incarcerated individual or respondent is guilty of harassment of an
 5 employee by an incarcerated individual when, with intent to harass,
 6 annoy, threaten or alarm a person in a facility whom such incarcerated
 7 individual knows or reasonably should know to be an employee of such
 8 facility or the board of parole or the office of mental health, or a
 9 probation department, bureau or unit or a police officer, such incarcer-
 10 ated individual, for the purpose of degrading or abusing an employee, or
 11 for the purpose of gratifying such incarcerated individual's sexual
 12 desire:
 13 1. Displays or touches their intimate parts while in clear view of an
 14 employee; or
 15 2. Intentionally engages in conduct that such incarcerated individual
 16 knows would cause an employee to be in clear view of such incarcerated
 17 individual while such incarcerated individual displays or touches their
 18 intimate parts; or
 19 3. Communicates to an employee such incarcerated individual will, at
 20 some time in the future, cause such employee to come in contact with
 21 such incarcerated individual's blood, urine, seminal fluid, or feces.
 22 For purposes of this section, "incarcerated individual" means an
 23 incarcerated individual or detainee in a correctional facility, local
 24 correctional facility or a hospital, as such term is defined in subdivi-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07804-01-5

 S. 4890 2

 1 sion two of section four hundred of the correction law. For purposes of
 2 this section, "respondent" means a juvenile in a secure facility oper-
 3 ated and maintained by the office of children and family services who is
 4 placed with or committed to the office of children and family services.
 5 For purposes of this section, "facility" means a correctional facility
 6 or local correctional facility, hospital, as such term is defined in
 7 subdivision two of section four hundred of the correction law, or a
 8 secure facility operated and maintained by the office of children and
 9 family services.
 10 Harassment of an employee by an incarcerated individual is a class B
 11 misdemeanor.
 12 § 2. Subdivision 2 of section 851 of the correction law, as amended by
 13 section 228 of chapter 322 of the laws of 2021, is amended to read as
 14 follows:
 15 2. "Eligible incarcerated individual" means: a person confined in an
 16 institution who is eligible for release on parole or who will become
 17 eligible for release on parole or conditional release within two years.
 18 Provided, however, that a person under sentence for an offense defined
 19 in paragraphs (a) and (b) of subdivision one of section 70.02 of the
 20 penal law, where such offense involved the use or threatened use of a
 21 deadly weapon or dangerous instrument shall not be eligible to partic-
 22 ipate in a work release program until [he or she] such person is eligi-
 23 ble for release on parole or who will be eligi