S4913-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Apr 29, 2011: REFERRED TO CODES

S4913-2011 Memo

BILL NUMBER:S4913

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

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.

S4913-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4913
 2011-2012 Regular Sessions
 I N  SENATE
 April 29, 2011
 
 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.
 LBD00602-01-1
 
       S. 4913                             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.

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