•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06976 Summary:

BILL NOA06976
 
SAME ASNo Same As
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Amd 70.00 & 70.25, Pen L
 
Relates to the crime of aggravated harassment of an employee by an inmate; requires any imprisonment imposed by such conviction run consecutively to any undischarged term of imprisonment to which the defendant is subject.
Go to top    

A06976 Actions:

BILL NOA06976
 
05/09/2023referred to codes
01/03/2024referred to codes
Go to top

A06976 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6976
 
SPONSOR: Pheffer Amato
  TITLE OF BILL: An act to amend the penal law, in relation to the crime of aggravated harassment of an employee by an inmate   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require consecutive sentencing for certain felonies committed against corrections employees by an inmate.   SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends Penal Law section 70.00(4) to not allow the Court to exercise its discretion to impose a determinate sentence of less than one year or less when the defendant is convicted of the class B felony aggravated harassment of an employee by an inmate, as defined in Penal Law section 240.32. Sections two and three of this bill amends paragraphs (a) and (b) of Penal Law section 70.25(5) to provide that the sentence for a conviction of aggravated harassment of an employee by an inmate as a crime must run consecutively to any previously imposed or prospectively imposed sentence when the person convicted was confined in a detention facility at the time of the assault for which he or she was convicted. Section four of this bill amends Penal Law section 70.25(5) (c), to provide that the sentence for a conviction for aggravated harassment of an employee by an inmate may run consecutively if the Court finds that in the interest of justice, the sentence should run concurrently. When a Court makes this finding, the Court must set forth on the record the reasons for imposing a concurrent sentence. Section five of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section two of this act shall be subject to the expiration and reversion of such para- graphs pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section three of this act shall take effect.   JUSTIFICATION: Under current New York State law, protections for Correction officers address some of the potential dangers facing New York's boldest. These protections, however, are drastically undercut thanks to a lack of uniform sentencing procedures for crimes committed against them. New York State already provides for the potential of consecutive sentencing in certain penal areas of the law, specifically those involving assaults on corrections employees by inmates, while other felonies are not included within the requirement. Under current statute, aggravated harassment of an employee by an inmate can be, and for the vast majority of cases have been, applied through the form of a concurrent sentence. This is treated separately and distinctly from cases involving other felonies committed against corrections employees by inmates. Such sentences are carried out concur- rently over the course of any previously applied sentence to an inmate. These actions are by their very definition, separate and distinguishable acts from the particular crime that placed am inmate within the corrections system. By allowing for the imposition of concurrent sentences, instead of consecutive sentences, for-serious offenses and felonies committed by inmates, the law effectively removes any protections for corrections officers and any deterrents against the abhorrent actions that these officers may be subjected to in the line of duty. While concurrent Sentences are typically utilized in instances relating to a single act or event, the instigation of another act should be treated and addressed as a separate act. By requiring that any sentence for felonies for aggravated harassment against a correction employee be served consecutively, the state can provide a means of reasonable deter- rent against actions that are already deemed illegal under the current law. Any deviation from such a requirement if it is established that it is done in the interest of justice, would need to be put forth by the court on the record.   PRIOR LEGISLATIVE HISTORY: A4501 - 2018   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25 of the penal law made by section two of this act shall-be subject to the expiration and reversion of such paragraphs pursuant to subdivision d of section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of section three of this act shall take effect.
Go to top

A06976 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6976
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 9, 2023
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to the  crime  of  aggravated
          harassment of an employee by an inmate
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of section 70.00 of the penal law, as amended
     2  by chapter 738 of the laws of 2004, is amended to read as follows:
     3    4. Alternative definite sentence for class D and E  felonies.  When  a
     4  person,  other than a second or persistent felony offender, is sentenced
     5  for a class D or class E felony, except for the class E felony of aggra-
     6  vated harassment of an employee by an  inmate,  as  defined  in  section
     7  240.32  of  this chapter, and the court, having regard to the nature and
     8  circumstances of the crime and to  the  history  and  character  of  the
     9  defendant,  is  of the opinion that a sentence of imprisonment is neces-
    10  sary but that it would be unduly harsh to  impose  an  indeterminate  or
    11  determinate sentence, the court may impose a definite sentence of impri-
    12  sonment and fix a term of one year or less.
    13    §  2.  Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the
    14  penal law, as amended by chapter 3 of the laws of 1995, are  amended  to
    15  read as follows:
    16    (a)  Except  as  provided in paragraph (c) of this subdivision, when a
    17  person is convicted of assault in  the  second  degree,  as  defined  in
    18  subdivision  seven  of  section  120.05  of  this chapter, or aggravated
    19  harassment of an employee by an inmate as defined in section  240.32  of
    20  this  chapter, any definite, indeterminate or determinate term of impri-
    21  sonment which may be imposed as a sentence upon  such  conviction  shall
    22  run  consecutively to any undischarged term of imprisonment to which the
    23  defendant was subject and for which he was confined at the time  of  the
    24  assault.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10121-01-3

        A. 6976                             2
 
     1    (b)  Except  as  provided in paragraph (c) of this subdivision, when a
     2  person is convicted of assault in  the  second  degree,  as  defined  in
     3  subdivision  seven  of  section  120.05  of  this chapter, or aggravated
     4  harassment of an employee by an inmate as defined in section  240.32  of
     5  this  chapter, any definite, indeterminate or determinate term of impri-
     6  sonment which may be imposed as a sentence upon  such  conviction  shall
     7  run  consecutively  to  any  term  of  imprisonment which was previously
     8  imposed or which may be  prospectively  imposed  where  the  person  was
     9  confined  within  a detention facility at the time of the assault upon a
    10  charge which culminated in such sentence of imprisonment.
    11    § 3. Paragraphs (a) and (b) of subdivision 5 of section 70.25  of  the
    12  penal  law,  as added by chapter 372 of the laws of 1981, are amended to
    13  read as follows:
    14    (a) Except as provided in paragraph (c) of this  subdivision,  when  a
    15  person  is  convicted  of  assault  in  the second degree, as defined in
    16  subdivision seven of section  120.05  of  this  chapter,  or  aggravated
    17  harassment  of  an employee by an inmate as defined in section 240.32 of
    18  this chapter, any definite or indeterminate term of  imprisonment  which
    19  may be imposed as a sentence upon such conviction shall run consecutive-
    20  ly  to  any undischarged term of imprisonment to which the defendant was
    21  subject and for which he was confined at the time of the assault.
    22    (b) Except as provided in paragraph (c) of this  subdivision,  when  a
    23  person  is  convicted  of  assault  in  the second degree, as defined in
    24  subdivision seven of section  120.05  of  this  chapter,  or  aggravated
    25  harassment  of  an employee by an inmate as defined in section 240.32 of
    26  this chapter, any definite or indeterminate term of  imprisonment  which
    27  may be imposed as a sentence upon such conviction shall run consecutive-
    28  ly to any term of imprisonment which was previously imposed or which may
    29  be  prospectively  imposed  where  the  person  was  confined  within  a
    30  detention facility at the time of the assault upon a charge which culmi-
    31  nated in such sentence of imprisonment.
    32    § 4. Paragraph (c) of subdivision 5 of section 70.25 of the penal law,
    33  as added by chapter 372 of the laws of  1981,  is  amended  to  read  as
    34  follows:
    35    (c)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
    36  subdivision, a term of imprisonment imposed upon a conviction to assault
    37  in the second degree as defined in subdivision seven of  section  120.05
    38  of  this chapter or aggravated harassment of an employee by an inmate as
    39  defined in section 240.32 of this chapter may run  concurrently  to  any
    40  other  term  of  imprisonment,  in the interest of justice, provided the
    41  court sets forth in the record its reasons  for  imposing  a  concurrent
    42  sentence.  Nothing  in  this  section  shall require the imposition of a
    43  sentence of imprisonment where it is not otherwise required by law.
    44    § 5. This act shall take effect on the first of November next succeed-
    45  ing the date on which it shall have become  a  law,  provided  that  the
    46  amendments  to  paragraphs (a) and (b) of subdivision 5 of section 70.25
    47  of the penal law made by section two of this act shall be subject to the
    48  expiration and reversion of such paragraphs pursuant to subdivision d of
    49  section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
    50  date the provisions of section three of this act shall take effect.
Go to top