NY State Senate Bill 2017-S3776

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 27, 2017	referred to codes

2017-S3776 (ACTIVE) - Details

See Assembly Version of this Bill:: A4501
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§70.00 & 70.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6951, A10580
2019-2020: S3871, A5816
2021-2022: A5587
2023-2024: A6976

2017-S3776 (ACTIVE) - Summary

Relates to the crime of aggravated harassment of an employee by an inmate and requires any imprisonment imposed by such conviction run consecutively to any undischarged term of imprisonment to which the defendant is subject.

2017-S3776 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3776

 TITLE OF BILL :

An act to amend the penal law, in relation to the crime of aggravated
harassment of an employee by an inmate

 PURPOSE OR GENERAL IDEA OF BILL :

To require consecutive sentences for felonies committed against
corrections employees by an inmate.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of this bill amends Penal Law section 70.00(4) to not
allow the Court to exercise its discretion to impose a determinate
sentence of less than one year or less when the defendant is convicted
of the class E felony aggravated harassment of an employee by an
inmate, as defined in Penal Law section 240.32.

Sections two and three of this bill amends Penal Law section 70.25(5)
(a) and (b) to provide that the sentence for a conviction of
aggravated harassment of an employee by an inmate must run
consecutively to any previously imposed or prospectively imposed
sentence when the person convicted was confined in a detention
facility at the time of the incident for which he or she was

convicted.

Section four of this bill amends Penal Law section 70.25(5)(c), to
provide that the sentence for a conviction for aggravated harassment
of an employee by an inmate may run concurrently if the Court finds
that in the interest of justice, the sentence should run concurrently.
When a Court makes this finding, the Court must set forth on the
record the reasons for imposing a concurrent sentence.

Section five of this bill provides that this act shall take effect on
the first of November next succeeding 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.

 JUSTIFICATION :

Under current New York State law, protections for Correction officers
address some of the potential dangers facing New York's boldest.
These protections, however, are drastically undercut thanks to a lack
of uniform sentencing procedures for crimes committed against them.
New York State already provides for the potential of consecutive
sentencing in certain penal areas of the law, specifically those
involving assaults on corrections employees by inmates, while other
felonies are not included within the requirement.

Under current statute, aggravated harassment of an employee by an
inmate can be, and for the vast majority of cases have been, applied
through the form of a concurrent sentence. Such sentences are carried
out concurrently over the course of any existing and not yet
completely served sentences imposed on the perpetrator inmate.

The acts that must take place for a conviction of aggravated
harassment of an employee by an inmate are by their very definition,
separate and distinguishable acts from the particular crime that
placed the inmate within the corrections system. By allowing for the
imposition of concurrent sentences, instead of consecutive sentences,
for serious offenses and felonies committed by inmates, the law
effectively removes any protections for corrections officers and any
deterrents against the abhorrent actions that these officers may be
subjected to in the line of duty.

While concurrent sentences are typically utilized in instances
relating to multiple offenses arising from a single act or event, the
instigation of another act at another time should be treated and
addressed as a separate act. By requiring that any sentence for
felonies for aggravated harassment against a correction employee be
served consecutively, the State can provide a reasonable deterrent
against actions that are already deemed illegal under the current law.
Any deviation from such a requirement, if done in the interest of
justice, would need to be put forth by the court on the record.

 PRIOR LEGISLATIVE HISTORY :

2016: S.6951-A - Referred to Codes

 FISCAL IMPLICATIONS :

Undetermined

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
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.

2017-S3776 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3776
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 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

 S. 3776                             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.

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Senate Bill S3776

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3776 (ACTIVE) - Details

2017-S3776 (ACTIVE) - Summary

2017-S3776 (ACTIVE) - Sponsor Memo

2017-S3776 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3776

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S3776 (ACTIVE) - Details

2017-S3776 (ACTIVE) - Summary

2017-S3776 (ACTIVE) - Sponsor Memo

2017-S3776 (ACTIVE) - Bill Text download pdf

Comments