S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4699
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 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 incarcerated individual
 
   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 WHEN SUCH  FELONY  IS  COMMITTED
 AGAINST  AN  EMPLOYEE  OF  A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL
 FACILITY, HOSPITAL, AS SUCH  TERM  IS  DEFINED  IN  SUBDIVISION  TWO  OF
 SECTION  FOUR  HUNDRED OF THE CORRECTION LAW, OR A SECURE FACILITY OPER-
 ATED AND MAINTAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES BY  AN
 INCARCERATED  INDIVIDUAL,  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 opin-
 ion  that  a  sentence of imprisonment is necessary but that it would be
 unduly harsh to impose an indeterminate  or  determinate  sentence,  the
 court  may  impose a definite sentence of imprisonment 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  WHEN  SUCH
 CONVICTION IS FOR A CRIME COMMITTED AGAINST AN EMPLOYEE OF A CORRECTION-
 AL  FACILITY  OR  LOCAL CORRECTIONAL FACILITY, HOSPITAL, AS SUCH TERM IS
 DEFINED IN SUBDIVISION TWO OF SECTION FOUR  HUNDRED  OF  THE  CORRECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06800-02-5
              

 A. 4699                             2
 
 LAW, OR A SECURE FACILITY OPERATED AND MAINTAINED BY THE OFFICE OF CHIL-
 DREN  AND  FAMILY  SERVICES BY AN INCARCERATED INDIVIDUAL, AS DEFINED IN
 SECTION 240.32 OF THIS CHAPTER, any definite, indeterminate or  determi-
 nate  term  of imprisonment which may be imposed as a sentence upon such
 conviction shall run consecutively to any undischarged term of imprison-
 ment to which the defendant was subject and for which [he] SUCH  DEFEND-
 ANT 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 WHEN SUCH
 CONVICTION IS FOR A CRIME COMMITTED AGAINST AN EMPLOYEE OF A CORRECTION-
 AL FACILITY OR LOCAL CORRECTIONAL FACILITY, HOSPITAL, AS  SUCH  TERM  IS
 DEFINED  IN  SUBDIVISION  TWO  OF SECTION FOUR HUNDRED OF THE CORRECTION
 LAW, OR A SECURE FACILITY OPERATED AND MAINTAINED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES BY AN INCARCERATED INDIVIDUAL,  AS  DEFINED  IN
 SECTION  240.32  OF THIS CHAPTER any definite, indeterminate or determi-
 nate 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 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 WHEN SUCH
 CONVICTION IS FOR A CRIME COMMITTED AGAINST AN EMPLOYEE OF A CORRECTION-
 AL FACILITY OR LOCAL CORRECTIONAL FACILITY, HOSPITAL, AS  SUCH  TERM  IS
 DEFINED  IN  SUBDIVISION  TWO  OF SECTION FOUR HUNDRED OF THE CORRECTION
 LAW, OR A SECURE FACILITY OPERATED AND MAINTAINED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES BY AN INCARCERATED INDIVIDUAL,  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  consecutively  to  any  undischarged term of imprisonment to
 which the defendant was subject and for which [he]  SUCH  DEFENDANT  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 WHEN SUCH
 CONVICTION IS FOR A CRIME COMMITTED AGAINST AN EMPLOYEE OF A CORRECTION-
 AL FACILITY OR LOCAL CORRECTIONAL FACILITY, HOSPITAL, AS  SUCH  TERM  IS
 DEFINED  IN  SUBDIVISION  TWO  OF SECTION FOUR HUNDRED OF THE CORRECTION
 LAW, OR A SECURE FACILITY OPERATED AND MAINTAINED BY THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES BY AN INCARCERATED INDIVIDUAL,  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 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.
   § 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 and a new subdi-
 vision 6 is added 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
 A. 4699                             3
 
 in the second degree as defined in subdivision seven of  section  120.05
 of this chapter OR WHEN SUCH CONVICTION IS FOR A CRIME COMMITTED AGAINST
 AN  EMPLOYEE  OF A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY,
 HOSPITAL,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION TWO OF SECTION FOUR
 HUNDRED OF THE CORRECTION LAW, OR A SECURE FACILITY OPERATED  AND  MAIN-
 TAINED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES BY AN INCARCERATED
 INDIVIDUAL, 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.
   6.  WHEN  A PERSON IS CONVICTED OF ANY CHARGE SUBJECT TO THIS SECTION,
 THE PERSON CONFINED SHALL BE RE-HOUSED FOR  NO  SHORTER  THAN  THE  FULL
 DURATION  OF  ANY DEFINITIVE OR INDETERMINATE TERM OF IMPRISONMENT WHICH
 MAY BE IMPOSED AS A SENTENCE UPON SUCH CONVICTION AND ANY DEFINITIVE  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  SUCH
 DEFENDANT  WAS CONFINED AT THE TIME OF THE CONDUCT THAT GAVE RISE TO THE
 CONVICTION.
   § 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.