senate Bill S6844

2011-2012 Legislative Session

Relates to the definition of dangerous contraband

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 referred to codes
delivered to assembly
passed senate
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.768
Mar 28, 2012 referred to codes

Votes

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S6844 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §205.00, Pen L

S6844 - Bill Texts

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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.

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BILL NUMBER:S6844

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.

EXISTING LAW:

"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.

BUDGET IMPLICATIONS:

This bill would have no budgetary impact.

EFFECTIVE DATE:

This bill would take effect 30 days after it becomes a law.

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

                                  6844

                            I N  S E N A T E

                             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

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