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.

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S1901-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1901-2013 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 caus-
ing 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.

S1901-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1901

                         2013-2014 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01651-01-3

 S. 1901                             2

    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.