S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6976
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- 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.
                                                            LBD10121-01-3
 A. 6976                             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.