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.