Bill Text: NY A01394 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 1394 (Prior Session Legislation)

Introduced

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: Slight Partisan Bill (Republican 12-6)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A01394 Detail]

Download: New_York-2019-A01394-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1394
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M.  of  A.  JONES, WILLIAMS, ORTIZ, D'URSO, BLANKENBUSH,
          CROUCH, BRABENEC, MONTESANO, LAWRENCE, GIGLIO, NORRIS, RA,  MORINELLO,
          B. MILLER  --  Multi-Sponsored by -- M. of A. BARCLAY, GALEF, GOODELL,
          THIELE -- read once and referred 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.
                                                                   LBD02899-01-9

        A. 1394                             2
     1    § 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    § 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 of
    29  1995, as amended when upon such date the provisions of  section  two  of
    30  this act shall take effect.