S T A T E   O F   N E W   Y O R K
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                                  10580

                          I N  A S S E M B L Y

                              June 7, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
  read once and referred 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.
              

                                                           LBD14055-03-6

A. 10580                            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. 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.