NY State Senate Bill 2015-S6951A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2016	print number 6951a
Apr 13, 2016	amend and recommit to codes
Mar 09, 2016	referred to codes

Bill Amendments

Original

A (Active)

2015-S6951 - Details

See Assembly Version of this Bill:: A10580
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.00 & 70.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3776, A4501
2019-2020: S3871, A5816
2021-2022: A5587
2023-2024: A6976

2015-S6951 - Summary

Relates to the crime of aggravated harassment of an employee by an inmate and requires any imprisonment imposed by such conviction run consecutively to any undischarged term of imprisonment to which the defendant is subject.

2015-S6951 - Sponsor Memo

                                 BILL NUMBER:  S6951

 TITLE OF BILL :  An act to amend the penal law, in relation to the
crime of aggravated harassment of an employee by an inmate

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to require consecutive sentencing
for certain felonies committed against corrections employees by an
inmate.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of this bill amends Penal Law section 70.00(4) to not
allow the Court to exercise its discretion to impose a determinate
sentence of less than one year or less when the defendant is convicted
of the class E felony aggravated harassment of an employee by an
inmate, as defined in Penal Law section 240.32.

Sections two and three of this bill amends paragraphs (a) and (b) of
Penal Law section 70.25(5) to provide that the sentence for a
conviction of aggravated harassment of an employee by an inmate as a
crime must run consecutively to any previously imposed or
prospectively imposed sentence when the person convicted was confined
in a detention facility at the time of the assault for which he or she
was convicted.

Section four of this bill amends Penal Law section 70.25(5)(c), to
provide that the sentence for a conviction for aggravated harassment
of an employee by an inmate may run consecutively if the Court finds
that in the interest of justice, the sentence should run concurrently.
When a Court makes this finding, the Court must set forth on the
record the reasons for imposing a concurrent sentence.

Section five of this bill adds a new subdivision (6) to Section 70.25
of the Penal Law to require that any sentence of imprisonment imposed
for a conviction of a defendant who was in the custody of a
correctional facility at the time the crime was committed shall run
consecutively to any undischarged term that such defendant was already
subject to and for which he or she was confined for at the time of the
conviction.

Section six of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law, provided that the amendments to paragraphs (a) and (b)
of subdivision 5 of section 70.25 of the penal law made by section two
of this act shall be subject to the expiration and reversion of such
paragraphs pursuant to subdivision d of section 74 of chapter 3 of the
laws of 1995, as amended, when upon such date the provisions of
section three of this act shall take effect.

 JUSTIFICATION :

Under current New York State law, protections for Correction officers
address some of the potential dangers facing New York's boldest.
These protections, however, are drastically undercut thanks to a lack
of uniform sentencing procedures for crimes committed against them.
New York State already provides for the potential of consecutive
sentencing in certain penal areas of the law, specifically those
involving assaults on corrections employees by inmates, while other
felonies are not included within the requirement.

Under current statute, aggravated harassment of an employee by an
inmate can be, and for the vast majority of cases have been, applied
through the form of a concurrent sentence. This is treated separately
and distinctly from cases involving other felonies committed against
corrections employees by inmates. Such sentences are carried out
concurrently over the course of any previously applied sentence to an
inmate.

These actions are by their very definition, separate and
distinguishable acts from the particular crime that placed am inmate
within the corrections system. By allowing for the imposition of
concurrent sentences, instead of consecutive sentences, for serious
offenses and felonies committed by inmates, the law effectively
removes any protections for corrections officers and any deterrents
against the abhorrent actions that these officers may be subjected to
in the line of duty.

While concurrent sentences are typically utilized in instances
relating to a single act or event, the instigation of another act
should be treated and addressed as a separate act. By requiring that
any sentence for felonies for aggravated harassment against a
correction employee be served consecutively, the state can provide a
means of reasonable deterrent against actions that are already deemed
illegal under the current law. Any deviation from such a requirement,
if it is established that it is done in the interest of justice, would
need to be put forth by the court on the record.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Undetermined

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law, provided that the
amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25
of the penal law made by section two of this act shall be subject to
the expiration and reversion of such paragraphs pursuant to
subdivision d of section 74 of chapter 3 of the laws of 1995, as
amended, when upon such date the provisions of section three of this
act shall take effect.

2015-S6951 - Bill Text download pdf

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

                                  6951

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  crime  of  aggravated
  harassment of an employee by an inmate

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

  Section 1. Subdivision 4 of section 70.00 of the penal law, as amended
by chapter 738 of the laws of 2004, is amended to read as follows:
  4. Alternative definite sentence for class D and E  felonies.  When  a
person,  other than a second or persistent felony offender, is sentenced
for a class D or class E felony, EXCEPT FOR THE CLASS E FELONY OF AGGRA-
VATED HARASSMENT OF AN EMPLOYEE BY AN  INMATE,  AS  DEFINED  IN  SECTION
240.32  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 a sentence of imprisonment is neces-
sary but that it would be unduly harsh to  impose  an  indeterminate  or
determinate sentence, the court may impose a definite sentence of impri-
sonment and fix a term of one year or less.
  S  2.  Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the
penal law, as amended by chapter 3 of 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 AGGRAVATED
HARASSMENT OF AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION  240.32  OF
THIS  CHAPTER, any definite, indeterminate or determinate term of impri-
sonment 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.
  (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 AGGRAVATED
HARASSMENT OF AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION  240.32  OF

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

                                                           LBD14055-01-6

S. 6951                             2

THIS  CHAPTER, any definite, indeterminate or determinate term of impri-
sonment 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  upon  a
charge which culminated in such sentence of imprisonment.
  S  3.  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 AGGRAVATED
HARASSMENT OF AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION  240.32  OF
THIS  CHAPTER,  any definite or indeterminate term of imprisonment which
may be imposed as a sentence upon such conviction shall run consecutive-
ly to any undischarged term of imprisonment to which the  defendant  was
subject and for which he was confined at the time of the assault.
  (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 AGGRAVATED
HARASSMENT OF AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION  240.32  OF
THIS  CHAPTER,  any definite or indeterminate term of imprisonment which
may be imposed as a sentence upon such conviction shall run consecutive-
ly 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 upon a charge which culmi-
nated in such sentence of imprisonment.
  S 4. Paragraph (c) of subdivision 5 of section 70.25 of the penal law,
as  added  by  chapter  372  of  the laws of 1981, is amended to read as
follows:
  (c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
subdivision, a term of imprisonment imposed upon a conviction to assault
in  the  second degree as defined in subdivision seven of section 120.05
of this chapter OR AGGRAVATED HARASSMENT OF AN EMPLOYEE BY AN INMATE  AS
DEFINED  IN  SECTION  240.32 OF THIS CHAPTER may run concurrently to any
other term of imprisonment, in the interest  of  justice,  provided  the
court  sets  forth  in  the record its reasons for imposing a concurrent
sentence. Nothing in this section shall  require  the  imposition  of  a
sentence of imprisonment where it is not otherwise required by law.
  S  5. Section 70.25 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. WHEN A PERSON IS CONVICTED OF A CRIME COMMITTED WHILE IN THE CUSTO-
DY OF A  CORRECTIONAL  FACILITY  OR  LOCAL  CORRECTIONAL  FACILITY,  ANY
SENTENCE  OF  IMPRISONMENT IMPOSED FOR SUCH CONVICTION SHALL RUN CONSEC-
UTIVELY TO ANY UNDISCHARGED TERM OF IMPRISONMENT TO WHICH THE  DEFENDANT
WAS  SUBJECT  TO AND FOR WHICH HE OR SHE WAS CONFINED AT THE TIME OF THE
CONVICTION.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
amendments  to  paragraphs (a) and (b) of subdivision 5 of section 70.25
of the penal law made by section two of this act shall be subject to the
expiration and reversion of such paragraphs pursuant to subdivision d of
section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
date the provisions of section three of this act shall take effect.

2015-S6951A (ACTIVE) - Details

See Assembly Version of this Bill:: A10580
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.00 & 70.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3776, A4501
2019-2020: S3871, A5816
2021-2022: A5587
2023-2024: A6976

2015-S6951A (ACTIVE) - Summary

2015-S6951A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6951A

 TITLE OF BILL :

An act to amend the penal law, in relation to the crime of aggravated
harassment of an employee by an inmate

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to require consecutive sentencing
for certain felonies committed against corrections employees by an
inmate.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of this bill amends Penal Law section 70.00(4) to not
allow the Court to exercise its discretion to impose a determinate
sentence of less than one year or less when the defendant is convicted
of the class E felony aggravated harassment of an employee by an
inmate, as defined in Penal Law section 240.32.

Sections two and three of this bill amends paragraphs (a) and (b) of
Penal Law section 70.25(5) to provide that the sentence for a
conviction of aggravated harassment of an employee by an inmate as a
crime must run consecutively to any previously imposed or
prospectively imposed sentence when the person convicted was confined

in a detention facility at the time of the assault for which he or she
was convicted.

Section four of this bill amends Penal Law section 70.25(5)(c), to
provide that the sentence for a conviction for aggravated harassment
of an employee by an inmate may run consecutively if the Court finds
that in the interest of justice, the sentence should run concurrently.
When a Court makes this finding, the Court must set forth on the
record the reasons for imposing a concurrent sentence.

Section five of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law, provided that the amendments to paragraphs (a) and (b)
of subdivision 5 of section 70.25 of the penal law made by section two
of this act shall be subject to the expiration and reversion of such
paragraphs pursuant to subdivision d of section 74 of chapter 3 of the
laws of 1995, as amended, when upon such date the provisions of
section three of this act shall take effect.

 JUSTIFICATION :

Under current New York State law, protections for Correction officers
address some of the potential dangers facing New York's boldest.
These protections, however, are drastically undercut thanks to a lack
of uniform sentencing procedures for crimes committed against them.
New York State already provides for the potential of consecutive
sentencing in certain penal areas of the law, specifically those
involving assaults on corrections employees by inmates, while other
felonies are not included within the requirement.

Under current statute, aggravated harassment of an employee by an
inmate can be, and for the vast majority of cases have been, applied
through the form of a concurrent sentence. This is treated separately
and distinctly from cases involving other felonies committed against
corrections employees by inmates. Such sentences are carried out
concurrently over the course of any previously applied sentence to an
inmate.

These actions are by their very definition, separate and
distinguishable acts from the particular crime that placed am inmate
within the corrections system. By allowing for the imposition of
concurrent sentences, instead of consecutive sentences, for serious
offenses and felonies committed by inmates, the law effectively
removes any protections for corrections officers and any deterrents
against the abhorrent actions that these officers may be subjected to
in the line of duty.

While concurrent sentences are typically utilized in instances
relating to a single act or event, the instigation of another act
should be treated and addressed as a separate act. By requiring that
any sentence for felonies for aggravated harassment against a
correction employee be served consecutively, the state can provide a
means of reasonable deterrent against actions that are already deemed
illegal under the current law. Any deviation from such a requirement,
if it is established that it is done in the interest of justice, would
need to be put forth by the court on the record.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Undetermined

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law, provided that the
amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25
of the penal law made by section two of this act shall be subject to
the expiration and reversion of such paragraphs pursuant to
subdivision d of section 74 of chapter 3 of the laws of 1995, as
amended, when upon such date the provisions of section three of this
act shall take effect.

2015-S6951A (ACTIVE) - Bill Text download pdf

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

                                 6951--A

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the penal law, in relation to the crime of aggravated
  harassment of an employee by an inmate

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

  Section 1. Subdivision 4 of section 70.00 of the penal law, as amended
by chapter 738 of the laws of 2004, is amended to read as follows:
  4.  Alternative  definite  sentence for class D and E felonies. When a
person, other than a second or persistent felony offender, is  sentenced
for a class D or class E felony, EXCEPT FOR THE CLASS E FELONY OF AGGRA-
VATED  HARASSMENT  OF  AN  EMPLOYEE  BY AN INMATE, AS DEFINED IN SECTION
240.32 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 a sentence of imprisonment  is  neces-
sary  but  that  it  would be unduly harsh to impose an indeterminate or
determinate sentence, the court may impose a definite sentence of impri-
sonment and fix a term of one year or less.
  S 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25  of  the
penal  law, as amended by chapter 3 of 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  AGGRAVATED
HARASSMENT  OF  AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION 240.32 OF
THIS CHAPTER, any definite, indeterminate or determinate term of  impri-
sonment  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.
  (b) Except as provided in paragraph (c) of this  subdivision,  when  a
person  is  convicted  of  assault  in  the second degree, as defined in

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

                                                           LBD14055-02-6

S. 6951--A                          2

subdivision seven of section  120.05  of  this  chapter,  OR  AGGRAVATED
HARASSMENT  OF  AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION 240.32 OF
THIS CHAPTER, any definite, indeterminate or determinate term of  impri-
sonment  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  upon  a
charge which culminated in such sentence of imprisonment.
  S  3.  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 AGGRAVATED
HARASSMENT OF AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION  240.32  OF
THIS  CHAPTER,  any definite or indeterminate term of imprisonment which
may be imposed as a sentence upon such conviction shall run consecutive-
ly to any undischarged term of imprisonment to which the  defendant  was
subject and for which he was confined at the time of the assault.
  (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 AGGRAVATED
HARASSMENT OF AN EMPLOYEE BY AN INMATE AS DEFINED IN SECTION  240.32  OF
THIS  CHAPTER,  any definite or indeterminate term of imprisonment which
may be imposed as a sentence upon such conviction shall run consecutive-
ly 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 upon a charge which culmi-
nated in such sentence of imprisonment.
  S 4. Paragraph (c) of subdivision 5 of section 70.25 of the penal law,
as  added  by  chapter  372  of  the laws of 1981, is amended to read as
follows:
  (c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
subdivision, a term of imprisonment imposed upon a conviction to assault
in  the  second degree as defined in subdivision seven of section 120.05
of this chapter OR AGGRAVATED HARASSMENT OF AN EMPLOYEE BY AN INMATE  AS
DEFINED  IN  SECTION  240.32 OF THIS CHAPTER may run concurrently to any
other term of imprisonment, in the interest  of  justice,  provided  the
court  sets  forth  in  the record its reasons for imposing a concurrent
sentence. Nothing in this section shall  require  the  imposition  of  a
sentence of imprisonment where it is not otherwise required by law.
  S 5. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law, provided that the
amendments to paragraphs (a) and (b) of subdivision 5 of  section  70.25
of the penal law made by section two of this act shall be subject to the
expiration and reversion of such paragraphs pursuant to subdivision d of
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section three of this act shall take effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6951A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S6951 - Details

2015-S6951 - Summary

2015-S6951 - Sponsor Memo

2015-S6951 - Bill Text download pdf

2015-S6951A (ACTIVE) - Details

2015-S6951A (ACTIVE) - Summary

2015-S6951A (ACTIVE) - Sponsor Memo

2015-S6951A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6951A

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S6951 - Details

2015-S6951 - Summary

2015-S6951 - Sponsor Memo

2015-S6951 - Bill Text download pdf

2015-S6951A (ACTIVE) - Details

2015-S6951A (ACTIVE) - Summary

2015-S6951A (ACTIVE) - Sponsor Memo

2015-S6951A (ACTIVE) - Bill Text download pdf

Comments