Bill S1901-2013

Provides for the imposition of consecutive sentences for persons convicted of promoting (dangerous) prison contraband in the first degree

Provides for the presumption of consecutive sentences for persons convicted of promoting dangerous prison contraband in the first degree such as weapons, explosives and similar items capable of facilitating an escape or causing a disturbance.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1901

TITLE OF BILL: An act to amend the penal law, in relation to sentences for inmates found guilty of promoting dangerous contraband

PURPOSE: This legislation would provide for presumptive consecutive sentences for inmates convicted of promoting prison contraband in the first degree.

SUMMARY OF PROVISIONS: The bill would amend subdivision 5 of Section 70.25 of the Penal Law governing concurrent and consecutive terms.

JUSTIFICATION: Promoting prison contraband in the first degree (Penal Law 205.25) is a Class D felony. Dangerous contraband includes weapons, explosives and similar items capable of facilitating an escape or causing disorder. Under current law, a detainee convicted of such an offense cannot receive a consecutive sentence, and an inmate serving a sentence who is convicted of such an offense may only receive a concurrent sentence. The possession of a dangerous instrument, such as a weapon, is such a potential threat to the security and good order of a correctional facility that it is appropriate to deter inmates from attempting to commit such crimes by placing them on notice that absent mitigating circumstances, consecutive sentences will be imposed upon the conviction of that crime.

LEGISLATIVE HISTORY: S.2581 of 1999/2000 S.2911A of 2001/2002 S.964 of 2003/2004 S.2505 of 2005/2006 S.4844 of 2007/2008 S.3387 of 2009/2010 S.4913 of 2011/2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section one of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 1901 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to sentences for inmates found guilty of promoting dangerous contraband THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law, as amended by chapter 3 of the laws of 1995, are amended to read as follows: (a) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS CHAPTER, any definite, indeterminate or determinate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any undischarged term of imprisonment to which the defendant was subject and for which he was confined at the time of the assault OR AT THE TIME THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED. (b) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS CHAPTER, any definite, indeterminate or determinate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any term of imprisonment which was previously imposed or which may be prospectively imposed where the person was confined within a detention facility at the time of the assault OR AT THE TIME THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED upon a charge which culminated in such sentence of imprisonment.
S 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law, as added by chapter 372 of the laws of 1981, are amended to read as follows: (a) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS CHAPTER, any definite or indeterminate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any undischarged term of imprisonment to which the defendant was subject and for which he was confined at the time of the assault OR AT THE TIME THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED. (b) Except as provided in paragraph (c) of this subdivision, when a person is convicted of assault in the second degree, as defined in subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS CHAPTER, any definite or indeterminate term of imprisonment which may be imposed as a sentence upon such conviction shall run consecutively to any term of imprisonment which was previously imposed or which may be prospectively imposed where the person was confined within a detention facility at the time of the assault OR AT THE TIME THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED upon a charge which culminated in such sentence of imprisonment. S 3. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section one of this act shall be subject to the expiration and reversion of such paragraphs pursuant to section 74 of chapter 3 of the laws 1995, as amended when upon such date the provisions of section two of this act shall take effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus