Assembly Bill A9280

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

                                  9280

                          I N  A S S E M B L Y

                            February 10, 2016
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to establishing  the  offense
  of aggravated promoting prison contraband

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 60.05 of the penal law, as amended
by chapter 405 of the laws of 2010, is amended to read as follows:
  5. Certain class D felonies. Except as provided in subdivision six  of
this  section, every person convicted of the class D felonies of assault
in the second degree as defined in section 120.05, strangulation in  the
second  degree as defined in section 121.12, PROMOTING PRISON CONTRABAND
IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION THREE OF SECTION  205.25,
AGGRAVATED  PROMOTING  PRISON CONTRABAND AS DEFINED IN SECTION 220.26 or
attempt to commit a class C felony as defined in section 230.30 of  this
chapter,  must be sentenced in accordance with section 70.00 or 85.00 of
this title.
  S 2. Section 70.00 of the penal law is amended by adding a new  subdi-
vision 4-a to read as follows:
  4-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF THIS
SECTION, WHEN A PERSON, OTHER THAN A SECOND OR PERSISTENT FELONY  OFFEN-
DER,  IS  SENTENCED FOR A CLASS D FELONY OFFENSE OF AGGRAVATED PROMOTING
PRISON CONTRABAND, AS DEFINED IN SECTION 220.26 OF THIS CHAPTER, AND THE
COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO
THE HISTORY AND CHARACTER OF THE DEFENDANT, IS OF THE  OPINION  THAT  IT
WOULD BE UNDULY HARSH TO IMPOSE AN INDETERMINATE SENTENCE, THE COURT MAY
IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT AND FIX A TERM OF ONE OR MORE
MONTHS, UP TO ONE YEAR.
  S 3. Section 205.25 of the penal law is amended to read as follows:
S 205.25 Promoting prison contraband in the first degree.
  A  person is guilty of promoting prison contraband in the first degree
when:
  1. He OR SHE knowingly and unlawfully introduces any dangerous contra-
band into a detention facility; or

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

                                                           LBD13950-01-6

A. 9280                             2

  2. Being a person confined in a detention facility, he OR SHE knowing-
ly and unlawfully makes, obtains or possesses any dangerous  contraband;
OR
  3.  BEING  AN  EMPLOYEE OF AN INSTITUTION IN THE DEPARTMENT OF CORREC-
TIONAL SERVICES AND COMMUNITY SUPERVISION, AS DEFINED IN  PARAGRAPH  (C)
OF  SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW, OR OF A LOCAL
CORRECTIONAL  FACILITY,  AS  DEFINED  IN  SUBDIVISION  SIXTEEN  OF  SUCH
SECTION, AND ACTING WITH INTENT TO OBTAIN A BENEFIT OR AID AN ESCAPE, HE
OR  SHE  KNOWINGLY  AND  UNLAWFULLY  INTRODUCES  ANY  CONTRABAND  INTO A
DETENTION FACILITY.
  Promoting prison contraband in the first degree is a class D felony.
  S 4. The penal law is amended by adding a new section 220.26  to  read
as follows:
S 220.26 AGGRAVATED PROMOTING PRISON CONTRABAND.
  A  PERSON  IS  GUILTY  OF AGGRAVATED PROMOTING PRISON CONTRABAND WHEN,
BEING AN EMPLOYEE OF AN INSTITUTION IN THE  DEPARTMENT  OF  CORRECTIONAL
SERVICES  AND  COMMUNITY  SUPERVISION,  AS  DEFINED  IN PARAGRAPH (C) OF
SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW,  OR  OF  A  LOCAL
CORRECTIONAL  FACILITY,  AS  DEFINED  IN  SUBDIVISION  SIXTEEN  OF  SUCH
SECTION, HE OR SHE KNOWINGLY AND  UNLAWFULLY  INTRODUCES  ANY  DANGEROUS
CONTRABAND INTO A DETENTION FACILITY, WITH INTENT TO:
  1. OBTAIN A BENEFIT; OR
  2. AID AN ESCAPE.
  AGGRAVATED PROMOTING PRISON CONTRABAND IS A CLASS D FELONY.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.