Bill Text: NY A09280 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Establishes the offense of aggravated promoting prison contraband.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-10 - referred to codes [A09280 Detail]

Download: New_York-2015-A09280-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          9280
                   IN ASSEMBLY
                                    February 10, 2016
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to establishing  the  offense
          of aggravated promoting prison contraband
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section 60.05 of the penal law, as amended
     2  by chapter 405 of the laws of 2010, is amended to read as follows:
     3    5. Certain class D felonies. Except as provided in subdivision six  of
     4  this  section, every person convicted of the class D felonies of assault
     5  in the second degree as defined in section 120.05, strangulation in  the
     6  second  degree as defined in section 121.12, promoting prison contraband
     7  in the first degree, as defined in subdivision three of section  205.25,
     8  aggravated  promoting  prison contraband as defined in section 220.26 or
     9  attempt to commit a class C felony as defined in section 230.30 of  this
    10  chapter,  must be sentenced in accordance with section 70.00 or 85.00 of
    11  this title.
    12    § 2. Section 70.00 of the penal law is amended by adding a new  subdi-
    13  vision 4-a to read as follows:
    14    4-a.  Notwithstanding  the  provisions  of  subdivision  four  of this
    15  section, when a person, other than a second or persistent felony  offen-
    16  der,  is  sentenced for a class D felony offense of aggravated promoting
    17  prison contraband, as defined in section 220.26 of this chapter, and the
    18  court, having regard to the nature and circumstances of the crime and to
    19  the history and character of the defendant, is of the  opinion  that  it
    20  would be unduly harsh to impose an indeterminate sentence, the court may
    21  impose a definite sentence of imprisonment and fix a term of one or more
    22  months, up to one year.
    23    § 3. Section 205.25 of the penal law is amended to read as follows:
    24  § 205.25 Promoting prison contraband in the first degree.
    25    A  person is guilty of promoting prison contraband in the first degree
    26  when:
    27    1. He or she knowingly and unlawfully introduces any dangerous contra-
    28  band into a detention facility; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13950-01-6