NY State Senate Bill 2017-S3901

Senate Bill S3901

2017-2018 Legislative Session

Provides for the imposition of consecutive sentences for persons convicted of promoting (dangerous) prison contraband in the first degree

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 30, 2017	referred to codes

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2017-S3901 (ACTIVE) - Details

See Assembly Version of this Bill:: A8777
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3387
2011-2012: S4913
2013-2014: S1901
2015-2016: S4594
2019-2020: S3156, A1394
2021-2022: S2078

2017-S3901 (ACTIVE) - Summary

Provides for the presumption of consecutive sentences for persons convicted of promoting dangerous prison contraband in the first degree such as weapons, explosives and similar items capable of facilitating an escape or causing a disturbance.

2017-S3901 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3901

 TITLE OF BILL :  An act to amend the penal law, in relation to
sentences for inmates found guilty of promoting dangerous contraband

 PURPOSE :

This legislation would provide for presumptive consecutive sentences
for inmates convicted of promoting prison contraband in the first
degree.

 SUMMARY OF PROVISIONS :

The bill would amend subdivision 5 of Section 70.25 of the Penal Law
governing concurrent and consecutive terms.

 JUSTIFICATION :

Promoting prison contraband in the first degree (Penal Law 205.25) is
a Class D felony. Dangerous contraband includes weapons, explosives
and similar items capable of facilitating an escape or causing
disorder. Under current law, a detainee convicted of such an offense
cannot receive a consecutive sentence, and an inmate serving a
sentence who is convicted of such an offense may only receive a
concurrent sentence. The possession of a dangerous instrument, such as
a weapon, is such a potential threat to the security and good order of

a correctional facility that it is appropriate to deter inmates from
attempting to commit such crimes by placing them on notice that absent
mitigating circumstances, consecutive sentences will be imposed upon
the conviction of that crime.

 LEGISLATIVE HISTORY :

S.2581 of 1999/2000;
S.2911A of 2001/2002;
S.964 of 2003/2004;
S.2505 of 2005/2006;
S.4844 of 2007/2008;
S.3387 of 2009/2010;
S.4913 of 2011/2012;
S.1901 of 2013/2014;
S.4594 of 2015/2016.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
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 not affect the expiration of such
paragraph and shall be deemed to expire therewith.

2017-S3901 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3901
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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 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

 S. 3901                             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.

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