Relates to the definition of dangerous contraband: specifies that such contraband shall include, but not be limited to, a gun, knife, cell phone or other wireless communication device, laptop computer, device with global position capabilities, map, camera or explosive.
Ayes (51): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Nozzolio, O'Mara, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (8): Dilan, Hassell-Thomps, Krueger, Montgomery, Oppenheimer, Parker, Perkins, Squadron
Excused (2): Huntley, McDonald
TITLE OF BILL:
An act to amend the penal law, in relation to the definition of dangerous contraband
PURPOSE OF BILL:
This bill would amend the Penal Law definition of "dangerous contraband" that may not be introduced into or possessed in a detention facility by adding a non-exclusive list of dangerous contraband.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Penal Law § 205.00, subdivision 4 which defines "dangerous contraband" as it relates to offenses committed when someone is in custody by adding a non-exclusive list of items as examples of "dangerous contraband", which would "include, but not be limited to, a gun, a knife, a cell phone or other wireless communication device, a laptop computer, a device with global positioning capabilities, a map, a camera or an explosive".
Section 2 of the bill provides the effective date.
"Contraband" and "dangerous contraband" are both defined in Penal Law § 205.00. "Contraband" means any article that a person confined in a detention facility is prohibited from obtaining or possessing, and "dangerous contraband" means "contraband" that is capable of a use that "may endanger the safety or security of a detention facility or any person therein". It is a class A misdemeanor (Penal Law § 205.20, "Promoting Prison Contraband in the Second Degree") to introduce "contraband" into or possess "contraband" in a detention facility. It is a class D felony (Penal Law § 205.25, "Promoting Prison Contraband in the First Degree") to introduce "dangerous contraband" into or possess "dangerous contraband" in a detention facility.
PRIOR LEGISLATIVE HISTORY:
This is a new bill. A similar bill was introduced in 2009-10 (S.5865) and 2011 (S.3782) that added telecommunication or electronic recording devices to the definition of dangerous contraband.
STATEMENT IN SUPPORT:
According to the Court of Appeals in People v. Finely, 10 N.Y.3d 647 (2008), the determination of whether a particular item is "contraband" or "dangerous contraband" is based on the "substantial probability that the item will be used in a manner that is likely to cause death or other serious injury, to facilitate escape, or to bring about other major threats to a detention facility's
institutional safety or security." Items such as knives, guns or explosives are clearly "dangerous contraband". However, cell phones, laptop computers, global positioning devices, maps or cameras are just as dangerous when possessed by an inmate in a detention facility. Inmates who possess this technology can circumvent the safeguards and controls imposed on their communications. Moreover, inmates could utilize such technology in real time to organize an escape, use a laptop computer to run an illegal organization and more readily engage in criminal conduct.
This bill would have no budgetary impact.
This bill would take effect 30 days after it becomes a law.
STATE OF NEW YORK ________________________________________________________________________ 6844 IN SENATE March 28, 2012 ___________Introduced by Sen. NOZZOLIO -- (at request of the Department of Corrections and Community Supervision) -- 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 the definition of danger- ous contraband THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 205.00 of the penal law is amended to read as follows: 4. "Dangerous contraband" means contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A GUN, KNIFE, CELL PHONE OR OTHER WIRELESS COMMUNICATION DEVICE, LAPTOP COMPUT- ER, DEVICE WITH GLOBAL POSITION CAPABILITIES, MAP, CAMERA OR EXPLOSIVE. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14463-01-2