What's happening
This bill ensures that sentences for aggravated harassment of an employee by an inmate run consecutively to other prison terms.
Why it matters
Strengthens protections for prison staff. By requiring sentences for aggravated harassment of employees by inmates to run consecutively, the bill aims to deter assaults on correctional officers and staff, emphasizing the seriousness of such offenses.
Limits judicial discretion for certain offenses. The bill removes the option for courts to issue lighter, alternative sentences (such as a year or less) for aggravated harassment of an employee by an inmate, ensuring harsher penalties for these crimes.
Brings consistency with other violent offenses. It aligns sentencing for aggravated harassment of employees by inmates with existing rules for second-degree assault, promoting uniformity in how crimes against prison staff are treated.
Retains some flexibility for exceptional cases. Courts may still impose concurrent sentences “in the interest of justice,” but they must explicitly state their reasons, providing transparency and ensuring consecutive sentences remain the default.
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Who cares
Incarcerated defendants
Those convicted of aggravated harassment of an employee by an inmate would lose eligibility for the alternative prison sentence of one year or less and face consecutive-sentencing rules.
Correctional employees
The bill would tighten sentencing rules for the inmate harassment offense involving employees.
Criminal court judges
The bill would restrict sentencing options for this offense while allowing concurrent prison terms in the interest of justice if judges explain their reasons on the record.
Prosecutors and defense attorneys
The bill would make consecutive prison terms the default in the specified confinement circumstances, while preserving an interest-of-justice exception.
Headline styles
Tougher Penalties for Inmate Harassment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Inmate Harassment
In Senate Committee · Codes · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4501
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. ABBATE -- 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 Assembly, do enact as follows:
Section 1. Subdivision 4 of section 70.00 of the penal law, as amended by chapter 738 of the laws of 2004, is amended to read as follows:
4. Alternative definite sentence for class D and E felonies. When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, except for the class E felony of aggravated harassment of an employee by an inmate, as defined in section 240.32 of this chapter, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.
§ 2. 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 aggravated harassment of an employee by an inmate as defined in section 240.32 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09301-01-7
A. 4501 2
(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 aggravated harassment of an employee by an inmate as defined in section 240.32 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 upon a charge which culminated in such sentence of imprisonment.
§ 3. 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 aggravated harassment of an employee by an inmate as defined in section 240.32 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.
(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 aggravated harassment of an employee by an inmate as defined in section 240.32 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 upon a charge which culminated in such sentence of imprisonment.
§ 4. Paragraph (c) of subdivision 5 of section 70.25 of the penal law, as added by chapter 372 of the laws of 1981, is amended to read as follows:
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subdivision, a term of imprisonment imposed upon a conviction to assault in the second degree as defined in subdivision seven of section 120.05 of this chapter or aggravated harassment of an employee by an inmate as defined in section 240.32 of this chapter may run concurrently to any other term of imprisonment, in the interest of justice, provided the court sets forth in the record its reasons for imposing a concurrent sentence. Nothing in this section shall require the imposition of a sentence of imprisonment where it is not otherwise required by law.
§ 5. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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