Bill Text: NY A04501 | 2017-2018 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A04501 Detail]
Download: New_York-2017-A04501-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4501 2017-2018 Regular Sessions IN ASSEMBLY February 2, 2017 ___________ Introduced by M. of A. ABBATE -- 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: 1 Section 1. Subdivision 4 of section 70.00 of the penal law, as amended 2 by chapter 738 of the laws of 2004, is amended to read as follows: 3 4. Alternative definite sentence for class D and E felonies. When a 4 person, other than a second or persistent felony offender, is sentenced 5 for a class D or class E felony, except for the class E felony of aggra- 6 vated harassment of an employee by an inmate, as defined in section 7 240.32 of this chapter, and the court, having regard to the nature and 8 circumstances of the crime and to the history and character of the 9 defendant, is of the opinion that a sentence of imprisonment is neces- 10 sary but that it would be unduly harsh to impose an indeterminate or 11 determinate sentence, the court may impose a definite sentence of impri- 12 sonment and fix a term of one year or less. 13 § 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the 14 penal law, as amended by chapter 3 of the laws of 1995, are amended to 15 read as follows: 16 (a) Except as provided in paragraph (c) of this subdivision, when a 17 person is convicted of assault in the second degree, as defined in 18 subdivision seven of section 120.05 of this chapter, or aggravated 19 harassment of an employee by an inmate as defined in section 240.32 of 20 this chapter, any definite, indeterminate or determinate term of impri- 21 sonment which may be imposed as a sentence upon such conviction shall 22 run consecutively to any undischarged term of imprisonment to which the 23 defendant was subject and for which he was confined at the time of the 24 assault. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09301-01-7A. 4501 2 1 (b) Except as provided in paragraph (c) of this subdivision, when a 2 person is convicted of assault in the second degree, as defined in 3 subdivision seven of section 120.05 of this chapter, or aggravated 4 harassment of an employee by an inmate as defined in section 240.32 of 5 this chapter, any definite, indeterminate or determinate term of impri- 6 sonment which may be imposed as a sentence upon such conviction shall 7 run consecutively to any term of imprisonment which was previously 8 imposed or which may be prospectively imposed where the person was 9 confined within a detention facility at the time of the assault upon a 10 charge which culminated in such sentence of imprisonment. 11 § 3. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the 12 penal law, as added by chapter 372 of the laws of 1981, are amended to 13 read as follows: 14 (a) Except as provided in paragraph (c) of this subdivision, when a 15 person is convicted of assault in the second degree, as defined in 16 subdivision seven of section 120.05 of this chapter, or aggravated 17 harassment of an employee by an inmate as defined in section 240.32 of 18 this chapter, any definite or indeterminate term of imprisonment which 19 may be imposed as a sentence upon such conviction shall run consecutive- 20 ly to any undischarged term of imprisonment to which the defendant was 21 subject and for which he was confined at the time of the assault. 22 (b) Except as provided in paragraph (c) of this subdivision, when a 23 person is convicted of assault in the second degree, as defined in 24 subdivision seven of section 120.05 of this chapter, or aggravated 25 harassment of an employee by an inmate as defined in section 240.32 of 26 this chapter, any definite or indeterminate term of imprisonment which 27 may be imposed as a sentence upon such conviction shall run consecutive- 28 ly to any term of imprisonment which was previously imposed or which may 29 be prospectively imposed where the person was confined within a 30 detention facility at the time of the assault upon a charge which culmi- 31 nated in such sentence of imprisonment. 32 § 4. Paragraph (c) of subdivision 5 of section 70.25 of the penal law, 33 as added by chapter 372 of the laws of 1981, is amended to read as 34 follows: 35 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 36 subdivision, a term of imprisonment imposed upon a conviction to assault 37 in the second degree as defined in subdivision seven of section 120.05 38 of this chapter or aggravated harassment of an employee by an inmate as 39 defined in section 240.32 of this chapter may run concurrently to any 40 other term of imprisonment, in the interest of justice, provided the 41 court sets forth in the record its reasons for imposing a concurrent 42 sentence. Nothing in this section shall require the imposition of a 43 sentence of imprisonment where it is not otherwise required by law. 44 § 5. This act shall take effect on the first of November next succeed- 45 ing the date on which it shall have become a law, provided that the 46 amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 47 of the penal law made by section two of this act shall be subject to the 48 expiration and reversion of such paragraphs pursuant to subdivision d of 49 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 50 date the provisions of section three of this act shall take effect.
