S T A T E O F N E W Y O R K
________________________________________________________________________
9465
I N A S S E M B L Y
March 8, 2016
___________
Introduced by M. of A. GJONAJ -- 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.
LBD14055-01-6
A. 9465 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.