Bill Text: NY S03387 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for the presumption of consecutive sentences for persons convicted of promoting dangerous prison contraband in the first degree such as weapons, explosives and similar items capable of facilitating an escape or causing a disturbance.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S03387 Detail]

Download: New_York-2009-S03387-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3387
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 18, 2009
                                      ___________
       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in  relation  to  sentences  for  inmates
         found guilty of promoting dangerous contraband
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Paragraphs (a) and (b) of subdivision 5 of  section  70.25
    2  of  the  penal  law,  as  amended  by chapter 3 of the laws of 1995, are
    3  amended to read as follows:
    4    (a) Except as provided in paragraph (c) of this  subdivision,  when  a
    5  person  is  convicted  of  assault  in  the second degree, as defined in
    6  subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
    7  CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN  SECTION  205.25  OF  THIS
    8  CHAPTER, any definite, indeterminate or determinate term of imprisonment
    9  which  may  be  imposed  as  a  sentence  upon such conviction shall run
   10  consecutively to any undischarged term  of  imprisonment  to  which  the
   11  defendant  was  subject and for which he was confined at the time of the
   12  assault OR AT THE TIME THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED.
   13    (b) Except as provided in paragraph (c) of this  subdivision,  when  a
   14  person  is  convicted  of  assault  in  the second degree, as defined in
   15  subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
   16  CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN  SECTION  205.25  OF  THIS
   17  CHAPTER, any definite, indeterminate or determinate term of imprisonment
   18  which  may  be  imposed  as  a  sentence  upon such conviction shall run
   19  consecutively to any term of imprisonment which was  previously  imposed
   20  or  which  may  be  prospectively  imposed where the person was confined
   21  within a detention facility at the time of the assault OR  AT  THE  TIME
   22  THE  CONTRABAND  WAS  MADE,  OBTAINED  OR  POSSESSED upon a charge which
   23  culminated in such sentence of imprisonment.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00766-01-9
       S. 3387                             2
    1    S 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25  of  the
    2  penal  law,  as added by chapter 372 of the laws of 1981, are amended to
    3  read as follows:
    4    (a)  Except  as  provided in paragraph (c) of this subdivision, when a
    5  person is convicted of assault in  the  second  degree,  as  defined  in
    6  subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
    7  CONTRABAND  IN  THE  FIRST  DEGREE, AS DEFINED IN SECTION 205.25 OF THIS
    8  CHAPTER, any definite or indeterminate term of imprisonment which may be
    9  imposed as a sentence upon such conviction shall  run  consecutively  to
   10  any undischarged term of imprisonment to which the defendant was subject
   11  and  for which he was confined at the time of the assault OR AT THE TIME
   12  THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED.
   13    (b) Except as provided in paragraph (c) of this  subdivision,  when  a
   14  person  is  convicted  of  assault  in  the second degree, as defined in
   15  subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
   16  CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN  SECTION  205.25  OF  THIS
   17  CHAPTER, any definite or indeterminate term of imprisonment which may be
   18  imposed  as  a  sentence upon such conviction shall run consecutively to
   19  any term of imprisonment which was previously imposed or  which  may  be
   20  prospectively  imposed  where the person was confined within a detention
   21  facility at the time of the assault OR AT THE TIME  THE  CONTRABAND  WAS
   22  MADE,  OBTAINED  OR  POSSESSED  upon  a  charge which culminated in such
   23  sentence of imprisonment.
   24    S 3. This act shall take effect on the ninetieth day  after  it  shall
   25  have  become a law; provided, however, that the amendments to paragraphs
   26  (a) and (b) of subdivision 5 of section 70.25 of the penal law  made  by
   27  section one of this act shall be subject to the expiration and reversion
   28  of such paragraphs pursuant to section 74 of chapter 3 of the laws 1995,
   29  as amended when upon such date the provisions of section two of this act
   30  shall take effect.