S 392 New York Senate · 2025 Regular Session

Relates to aggravated harassment of an employee by an incarcerated individual

This bill (S 392) amends New York's penal law to specifically include "intentional expectoration of saliva" as a form of aggravated harassment against facility employees. It directly affects incarcerated individuals who intentionally spit at staff members in correctional facilities, parole offices, mental health facilities, or probation departments. The key change adds saliva to the list of prohibited substances (along with blood, urine, etc.) that can constitute harassment when thrown, tossed, or expelled toward employees. This expands existing protections for staff by clarifying that spitting is now explicitly covered under the aggravated harassment statute.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2025 Last action Jan 7, 2026