S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4501
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced by 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.
   § 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25  of  the
 penal  law,  as amended by chapter 3 of the 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09301-01-7
              

 A. 4501                             2
 
   (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, 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.
   § 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.
   § 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.
   § 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.