NY State Senate Bill 2011-S4913

Senate Bill S4913

2011-2012 Legislative Session

Provides for the imposition of consecutive sentences for persons convicted of promoting (dangerous) prison contraband in the first degree

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Apr 29, 2011	referred to codes

2011-S4913 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.25, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3387
2013-2014: S1901
2015-2016: S4594
2017-2018: S3901
2019-2020: S3156
2021-2022: S2078

2011-S4913 (ACTIVE) - Summary

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.

2011-S4913 (ACTIVE) - Sponsor Memo

2011-S4913 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4913

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

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:

  Section 1.  Paragraphs (a) and (b) of subdivision 5 of  section  70.25
of  the  penal  law,  as  amended  by chapter 3 of the laws of 1995, are
amended to read as follows:
  (a) Except as provided in paragraph (c) of this  subdivision,  when  a
person  is  convicted  of  assault  in  the second degree, as defined in
subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN  SECTION  205.25  OF  THIS
CHAPTER, any definite, indeterminate or determinate term of imprisonment
which  may  be  imposed  as  a  sentence  upon such conviction shall run
consecutively to any undischarged term  of  imprisonment  to  which  the
defendant  was  subject and for which he was confined at the time of the
assault OR AT THE TIME THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED.
  (b) Except as provided in paragraph (c) of this  subdivision,  when  a
person  is  convicted  of  assault  in  the second degree, as defined in
subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN  SECTION  205.25  OF  THIS
CHAPTER, any definite, indeterminate or determinate term of imprisonment
which  may  be  imposed  as  a  sentence  upon such conviction shall run
consecutively to any term of imprisonment which was  previously  imposed
or  which  may  be  prospectively  imposed where the person was confined
within a detention facility at the time of the assault OR  AT  THE  TIME
THE  CONTRABAND  WAS  MADE,  OBTAINED  OR  POSSESSED upon a charge which
culminated in such sentence of imprisonment.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00602-01-1

S. 4913                             2

  S 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25  of  the
penal  law,  as added by chapter 372 of the laws of 1981, are amended to
read as follows:
  (a)  Except  as  provided in paragraph (c) of this subdivision, when a
person is convicted of assault in  the  second  degree,  as  defined  in
subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
CONTRABAND  IN  THE  FIRST  DEGREE, AS DEFINED IN SECTION 205.25 OF THIS
CHAPTER, any definite or indeterminate term of imprisonment which may be
imposed as a sentence upon such conviction shall  run  consecutively  to
any undischarged term of imprisonment to which the defendant was subject
and  for which he was confined at the time of the assault OR AT THE TIME
THE CONTRABAND WAS MADE, OBTAINED OR POSSESSED.
  (b) Except as provided in paragraph (c) of this  subdivision,  when  a
person  is  convicted  of  assault  in  the second degree, as defined in
subdivision seven of section 120.05 of this chapter, OR PROMOTING PRISON
CONTRABAND IN THE FIRST DEGREE, AS DEFINED IN  SECTION  205.25  OF  THIS
CHAPTER, any definite or indeterminate term of imprisonment which may be
imposed  as  a  sentence upon such conviction shall run consecutively to
any term of imprisonment which was previously imposed or  which  may  be
prospectively  imposed  where the person was confined within a detention
facility at the time of the assault OR AT THE TIME  THE  CONTRABAND  WAS
MADE,  OBTAINED  OR  POSSESSED  upon  a  charge which culminated in such
sentence of imprisonment.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided, however, that the amendments to paragraphs
(a) and (b) of subdivision 5 of section 70.25 of the penal law  made  by
section one of this act shall be subject to the expiration and reversion
of such paragraphs pursuant to section 74 of chapter 3 of the laws 1995,
as amended when upon such date the provisions of section two of this act
shall take effect.

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