A New York state Assemblyman is calling for an amendment to the state penal and criminal procedure law that would criminalize intentionally exposing another person to a communicable disease, including the coronavirus.

Assemblyman Michael LiPetri, R-Long Island, recently introduced legislation (A.10276) that would establish the crime of knowingly and deliberately exposing someone to a communicable disease in a manner that is likely to cause transmission, and making the crime a qualifying offense for pre-trial detention. LiPetri’s amendment would classify the crime as a class E felony in New York.

“Preventing and controlling the spread of disease is at the core of our public health initiatives,” LiPetri said in the bill’s justification. “Global pandemics including COVID-19 have shown us how rapidly communicable diseases can spread throughout the world and in our communities. From coronavirus and influenza to Lyme disease and Ebola, these infectious diseases can have deadly consequences, and it is imperative to hold those accountable who intentionally expose others to a communicable disease. … Sadly, we have seen instances where individuals have knowingly expelled bodily fluids on others — including coronavirus-related cases involving our first responders and health care professionals — making such legislation necessary in order to protect those working on the front lines during these trying times. We must immediately address issues like this and send a message that any deliberate act that could likely result in the transmission of a communicable disease will not be tolerated.”

The bill was introduced April 8 and has been referred to the Committee on Codes.

Just last week, Chautauqua County District Attorney Patrick Swanson said he intends to prosecute those who spit or cough on police officers to the “fullest extent of the law.” The DA said he received word from the Dunkirk Police Department of an incident involving one of its officers and began looking into statutes that could allow for charges.

“We find ourselves in unprecedented times,” Swanson said. “Our police officers, sheriff’s deputies and state troopers are putting their lives, and potentially the lives of those close to them, at-risk to protect our communities every single day. These officers risk exposure to this virus simply by going to work. It angers me that anyone would spit or cough at an officer — especially during this health crisis — in an effort to intimidate or threaten them when they are performing their job related responsibilities.”

Swanson told The Post-Journal he has discussed the matter with other DAs in the state. He noted that the penal law doesn’t really address individuals who intentionally try to sicken first responders during a pandemic.

“Quite frankly it’s uncharted territory,” Swanson said. “These officers are putting themselves out there. We need to look out for their well-being and those closest to them — they are going home to their families.”

Those who spit or cough on federal employees — including members of the U.S. Postal Service — could find themselves facing federal charges. That appears to be the case with Erie County resident Melissa C. Daniels-Johnson, 39, who was charged Tuesday by criminal complaint in U.S. federal court after allegedly spitting on a postal carrier in Cheektowaga and claiming to have the coronavirus. Daniels-Johnson is facing charges of assault of a federal employee and threatening to assault a federal employee following an incident March 19 at the Cheektowaga post office on Galleria Drive.

The letter carrier stated that while he was collecting mail, Daniels-Johnson drove into the postal parking lot through the exit driveway, and drove against one-way traffic. He advised Daniels-Johnson that she entered the lot the wrong way.

In response, she allegedly started screaming profanities at him, and threatened to cough on him to give him the coronavirus. After a brief confrontation, Daniels-Johnson reportedly spit on the letter carrier before driving off.

The letter carrier used a mail bucket to shield his face, “but the spit got all over his shorts and on his right leg,” the U.S. Attorney’s Office said in a news release.

“Any individual who threatens or attempts to use the COVID-19 virus as a weapon as alleged here deserves — and should expect — a strong dose of justice,” said U.S. attorney James Kennedy. “For a person to spit on a public servant is beyond vile and disgusting — it is criminal. No matter who they are or what they do, the brave men and women who continue to serve others during this pandemic deserve our respect, admiration, and protection. Whether doctors, nurses, police officers, grocery clerks, letter carriers, transit workers, or anyone else providing an essential service, my message to you is simple, you have our thanks, and we have your backs.”

Daniels-Johnson is scheduled to appear before U.S. Magistrate Judge Michael J. Roemer on April 27 for an initial appearance. The charges carry a maximum penalty of eight years in prison.