S T A T E O F N E W Y O R K
________________________________________________________________________
3511
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
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Introduced by M. of A. GIANARIS, P. RIVERA -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to expanding the definition
of dangerous contraband to include telecommunications and electronic
recording devices
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 TELE-
COMMUNICATIONS OR ELECTRONIC RECORDING DEVICE. FOR PURPOSES OF THIS
SUBDIVISION, A "TELECOMMUNICATIONS OR ELECTRONIC RECORDING DEVICE" MEANS
ANY TYPE OF INSTRUMENT, DEVICE, MACHINE OR EQUIPMENT THAT IS DESIGNED TO
TRANSMIT AND/OR RECEIVE TELEPHONIC, ELECTRONIC, DIGITAL, CELLULAR OR
RADIO SIGNALS OR COMMUNICATIONS OR ANY PART OF SUCH INSTRUMENT, DEVICE,
MACHINE OR EQUIPMENT, AS WELL AS ANY TYPE OF INSTRUMENT DESIGNED TO HAVE
SOUND OR IMAGE RECORDING ABILITIES AND SHALL INCLUDE, BUT NOT BE LIMITED
TO, A CELLULAR OR DIGITAL PHONE, A PAGER, A TWO-WAY RADIO TEXT MESSAGING
OR MODEM DEVICE (INCLUDING MODEM EQUIPMENT DEVICES), A CAMERA, A VIDEO
RECORDER AND TAPE OR DIGITAL RECORDING DEVICES, OR ANY OTHER DEVICE THAT
HAS SAID CAPABILITIES.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00664-01-9