NY State Senate Bill S2020

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

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	referred to codes delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1532 committee discharged and committed to rules
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 10, 2015	referred to codes delivered to assembly passed senate
Jun 09, 2015	ordered to third reading cal.1389 committee discharged and committed to rules
Jan 21, 2015	referred to codes

Votes

S2020 (ACTIVE) - Details

See Assembly Version of this Bill:: A10663
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §205.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5865
2011-2012: S3782
2013-2014: S3341
2017-2018: S3335

S2020 (ACTIVE) - Summary

Defines dangerous contraband to include telecommunications and electronic recording devices.

S2020 (ACTIVE) - Sponsor Memo

BILL NUMBER:S2020

TITLE OF BILL:  An act to amend the penal law, in relation to
expanding the definition of dangerous contraband to include
telecommunications and electronic recording devices

SUMMARY OF PROVISIONS:

This bill would amend subdivision 4 of Penal Law ("PL") § 205.00,
which contains the definitions of terms that are referenced in PL
Article 205, relating to offenses committed when someone is in
custody. It would add "telecommunications or electronic recording
device" to the existing definition of "dangerous contraband", and
would be applicable to a number of devices that would be proscribed by
virtue of PL § 205.25 ("Promoting prison contraband in the first
degree").

JUSTIFICATION:

Correctional systems throughout the world are witnessing the
proliferation of contraband cell phones and other telecommunications
devices. While these devices are getting smaller in size, the number
of features that they have are ever expanding.  Today's cell phone
capabilities go well beyond allowing a user to make and receive calls,
which is dangerous enough in a prison situation. Cell phones have the
ability to send and receive text messages, record and transmit

photographs and video, all of which can have catastrophic consequences
within a prison setting. Inmates can circumvent the safeguards and
controls imposed on their communications, including monitoring of call
content or call numbers, call blocking, and prohibitions against all
calls where they pose a threat to safety and security. With such
unlimited access, inmates can organize escapes by alerting outside
individuals to prisoners' movements, or sending images of secure
areas. Additionally, inmates may use cell phones to harass witnesses
and victims, interfere with juries, and maintain outside illegal
activity. Compounding the problem, the FCC prohibits the common
methods of interfering or blocking, which would help to reduce the
dangers of cell phone use within the prisons.

A frightening and very real example of what can happen has in fact
happened in Brazil. Cell phones were smuggled into prisons and used to
organize riots at 29 prisons. The result: 15 people were killed and
8,000 guards and relatives were held hostage. In Ontario, an inmate
was charged with running a drug ring from prison. Britain, Thailand,
India, and Japan have all reported incidents of cell phones being
discovered in their prisons. In the united States there are at least
ten states that are contemplating enacting or have already adopted
statutes making it a crime to possess or introduce electronic devices
into their detention facilities: Arkansas, Colorado, Tennessee, Iowa,
Pennsylvania, Mississippi, Ohio, Louisiana, Texas, and Illinois.

It is critical to public safety that all possible measures are
advanced to deter the introduction and possession of this type of
contraband. This bill would ensure that such conduct is Punishable as
a felony under Penal Law § 205.25. currently, violation of Penal Law
205.20 ("Promoting prison contraband in the second degree") is
punishable as .a misdemeanor unless the item introduced or possessed


is "dangerous contraband", which is defined in § 205.00(4) as
"contraband which is capable of such use as may endanger the safety or
security of a detention facility or any person therein" and is
punishable as a D felony under § 205.25. While it is beyond debate
that telecommunications devices and electronic recording devices fit
within that definition, it is important to eliminate any ambiguity in
connection with the interpretation of the statute. This proposal sends
an important message to the public and to the inmate population that
promoting such contraband will not be tolerated and will be punishable
as a felony.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

LEGISLATIVE HISTORY:

2009-10: S.5865 - Passed Senate FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after enactment.

S2020 (ACTIVE) - Bill Text download pdf

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

                                  2020

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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 expanding  the  definition
  of  dangerous  contraband to include telecommunications and electronic
  recording devices

  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 TELE-
COMMUNICATIONS OR ELECTRONIC RECORDING  DEVICE.  FOR  PURPOSES  OF  THIS
SUBDIVISION, A "TELECOMMUNICATIONS OR ELECTRONIC RECORDING DEVICE" MEANS
ANY TYPE OF INSTRUMENT, DEVICE, MACHINE OR EQUIPMENT THAT IS DESIGNED TO
TRANSMIT  AND/OR  RECEIVE  TELEPHONIC,  ELECTRONIC, DIGITAL, CELLULAR OR
RADIO SIGNALS OR COMMUNICATIONS OR ANY PART OF SUCH INSTRUMENT,  DEVICE,
MACHINE OR EQUIPMENT, AS WELL AS ANY TYPE OF INSTRUMENT DESIGNED TO HAVE
SOUND OR IMAGE RECORDING ABILITIES AND SHALL INCLUDE, BUT NOT BE LIMITED
TO, A CELLULAR OR DIGITAL PHONE, A PAGER, A TWO-WAY RADIO TEXT MESSAGING
OR  MODEM  DEVICE (INCLUDING MODEM EQUIPMENT DEVICES), A CAMERA, A VIDEO
RECORDER AND TAPE OR DIGITAL RECORDING DEVICES, OR ANY OTHER DEVICE THAT
HAS SAID CAPABILITIES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07884-01-5

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The New York State Senate

senate Bill S2020

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 9, 2016 - floor Vote

Floor Vote: Jun 9, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 10, 2015 - floor Vote

Floor Vote: Jun 10, 2015

Jun 9, 2015 - Rules committee Vote

Rules Committee Vote: Jun 9, 2015

S2020 (ACTIVE) - Details

S2020 (ACTIVE) - Summary

S2020 (ACTIVE) - Sponsor Memo

S2020 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2020

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Sponsored By

Ruth Hassell-Thompson

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 9, 2016 - floor Vote

Floor Vote: Jun 9, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 10, 2015 - floor Vote

Floor Vote: Jun 10, 2015

Jun 9, 2015 - Rules committee Vote

Rules Committee Vote: Jun 9, 2015

S2020 (ACTIVE) - Details

S2020 (ACTIVE) - Summary

S2020 (ACTIVE) - Sponsor Memo

S2020 (ACTIVE) - Bill Text download pdf

Comments