S T A T E O F N E W Y O R K
________________________________________________________________________
8777
2017-2018 Regular Sessions
I N A S S E M B L Y
November 3, 2017
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to sentences for inmates
found guilty of promoting dangerous contraband
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 PROMOTING PRISON
CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS
CHAPTER, any definite, indeterminate or determinate term of imprisonment
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 OR AT THE TIME THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED.
(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 PROMOTING PRISON
CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS
CHAPTER, any definite, indeterminate or determinate term of imprisonment
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 OR AT THE TIME
THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED upon a charge which
culminated in such sentence of imprisonment.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09084-01-7
A. 8777 2
§ 2. 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 PROMOTING PRISON
CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS
CHAPTER, any definite or indeterminate term of imprisonment 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 OR AT THE TIME
THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED.
(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 PROMOTING PRISON
CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN SECTION 205.25 OF THIS
CHAPTER, any definite or indeterminate term of imprisonment 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 OR AT THE TIME THE CONTRABAND WAS
MADE, OBTAINED OR POSSESSED upon a charge which culminated in such
sentence of imprisonment.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to paragraphs
(a) and (b) of subdivision 5 of section 70.25 of the penal law made by
section one of this act shall be subject to the expiration and reversion
of such paragraphs pursuant to section 74 of chapter 3 of the laws of
1995, as amended when upon such date the provisions of section two of
this act shall take effect.