Bill Text: NY A05016 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to the possession by an inmate in a detention facility or the provision to such an inmate of a cellular telephone

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05016 Detail]

Download: New_York-2009-A05016-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5016
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2009
                                      ___________
       Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in  relation  to  the  possession  by  an
         inmate in a detention facility or the provision to such an inmate of a
         cellular telephone
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 1 of section 70.25  of
    2  the penal law, as amended by chapter 372 of the laws of 1981, is amended
    3  to read as follows:
    4    Except  as  provided in subdivisions two, two-a [and], five AND SIX of
    5  this section, when multiple sentences of imprisonment are imposed  on  a
    6  person  at the same time, or when a person who is subject to any undisc-
    7  harged term of imprisonment imposed at a previous time  by  a  court  of
    8  this  state  is  sentenced  to  an  additional term of imprisonment, the
    9  sentence or sentences imposed by the court shall run either concurrently
   10  or consecutively with respect to each other and the undischarged term or
   11  terms in such manner as the court directs at the time  of  sentence.  If
   12  the  court does not specify the manner in which a sentence imposed by it
   13  is to run, the sentence shall run as follows:
   14    S 2. Section 70.25 of the penal law is amended by adding a new  subdi-
   15  vision 6 to read as follows:
   16    6.  (A)  WHEN  A PERSON IS CONVICTED OF PROMOTING PRISON CONTRABAND IN
   17  THE FIRST DEGREE, AS DEFINED IN SUBDIVISION THREE OF SECTION  205.25  OF
   18  THIS  CHAPTER, ANY DEFINITE, INDETERMINATE OR DETERMINATE TERM OF IMPRI-
   19  SONMENT WHICH MAY BE IMPOSED AS A SENTENCE UPON  SUCH  CONVICTION  SHALL
   20  RUN  CONSECUTIVELY TO ANY UNDISCHARGED TERM OF IMPRISONMENT TO WHICH THE
   21  DEFENDANT WAS SUBJECT AND FOR WHICH HE OR SHE WAS CONFINED AT  THE  TIME
   22  OF SUCH OFFENSE.
   23    (B)  WHEN  A PERSON IS CONVICTED OF PROMOTING PRISON CONTRABAND IN THE
   24  FIRST DEGREE, AS DEFINED IN SUBDIVISION THREE OF SECTION 205.25 OF  THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06508-01-9
       A. 5016                             2
    1  CHAPTER, ANY DEFINITE, INDETERMINATE OR DETERMINATE TERM OF IMPRISONMENT
    2  WHICH  MAY  BE  IMPOSED  AS  A  SENTENCE  UPON SUCH CONVICTION SHALL RUN
    3  CONSECUTIVELY TO ANY TERM OF IMPRISONMENT WHICH WAS  PREVIOUSLY  IMPOSED
    4  OR  WHICH  MAY  BE  PROSPECTIVELY  IMPOSED WHERE THE PERSON WAS CONFINED
    5  WITHIN A DETENTION FACILITY AT THE TIME OF THE OFFENSE.
    6    S 3. Section 205.00 of the penal law is amended by adding a new subdi-
    7  vision 5 to read as follows:
    8    5. "CELLULAR TELEPHONE" MEANS ANY WIRELESS  COMMUNICATIONS  DEVICE  AS
    9  DEFINED  IN  SUBDIVISION NINE OF SECTION THREE HUNDRED ONE OF THE COUNTY
   10  LAW.
   11    S 4. Section 205.25 of the penal law is amended to read as follows:
   12  S 205.25 Promoting prison contraband in the first degree.
   13    A person is guilty of promoting prison contraband in the first  degree
   14  when:
   15    1. He OR SHE knowingly and unlawfully introduces any dangerous contra-
   16  band into a detention facility; or
   17    2. Being a person confined in a detention facility, he OR SHE knowing-
   18  ly  and  unlawfully  makes,  obtains  or possesses any dangerous contra-
   19  band[.]; OR
   20    3. BEING A PERSON CONFINED IN A DETENTION FACILITY, HE OR SHE KNOWING-
   21  LY AND UNLAWFULLY OBTAINS OR POSSESSES ANY CELLULAR TELEPHONE.
   22    Promoting prison contraband in the first degree is a class D felony.
   23    S 5. The penal law is amended by adding a new section 205.27  to  read
   24  as follows:
   25  S  205.27 PROVISION OF A CELLULAR TELEPHONE TO AN INMATE.
   26    A  PERSON  IS GUILTY OF PROVISION OF A CELLULAR TELEPHONE TO AN INMATE
   27  WHEN HE OR SHE, BEING AN EMPLOYEE OF A DETENTION FACILITY, THE  DIVISION
   28  OF  PAROLE  OR  THE  OFFICE  OF  MENTAL HEALTH, KNOWINGLY AND UNLAWFULLY
   29  SELLS, EXCHANGES OR GIVES A CELLULAR TELEPHONE TO ANY PERSON CONFINED IN
   30  A DETENTION FACILITY.
   31    PROVISION OF A CELLULAR TELEPHONE TO AN INMATE IS A CLASS C FELONY.
   32    S 6. This act shall take effect on the first of November next succeed-
   33  ing the date on which it shall have become a law.