What's happening
This bill expands the definition of "dangerous contraband" in detention facilities to include telecommunications and electronic recording devices.
Why it matters
Expanding what counts as "dangerous contraband" means that many common electronic devices—such as cell phones, cameras, pagers, two-way radios, and recording equipment—will now be explicitly banned in detention facilities, increasing the range of items inmates and visitors can be prosecuted for possessing.
By broadening the definition, the law aims to address modern security challenges: electronic devices can facilitate escapes, coordinate criminal activity, or record sensitive facility operations, so this change targets evolving threats that older laws didn’t anticipate.
Enforcement of this expanded definition could lead to more searches, stricter visitor policies, and potentially harsher penalties for violations—impacting inmates’ access to outside communication and possibly affecting families and legal advocates.
Including not just fully functioning devices but also parts or components (like SIM cards or recording chips) under the law means even minor possession or attempted smuggling of electronics can trigger legal consequences, raising the stakes for both inmates and anyone interacting with them.
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Who cares
Detention facility administrators and correction officers
The bill would explicitly classify telecommunications and electronic recording devices that are contraband as dangerous contraband.
People held in detention facilities
Contraband phones, pagers, cameras and recording devices would fall within the expanded dangerous contraband definition.
Prosecutors and criminal defense attorneys
The expanded definition would cover devices that transmit or receive communications, their parts, and equipment capable of recording sound or images.
Headline styles
Ban Phones in Prisons
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.1778
- Committee discharged and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2395
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. GIANARIS -- 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 expanding the definition of dangerous contraband to include telecommunications and electronic recording devices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 205.00 of the penal law is amended to read as follows:
4. "Dangerous contraband" means contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein, which shall include, but not be limited to, a telecommunications or electronic recording device. For purposes of this subdivision, a "telecommunications or electronic recording device" means any type of instrument, device, machine or equipment that is designed to transmit and/or receive telephonic, electronic, digital, cellular or radio signals or communications or any part of such instrument, device, machine or equipment, as well as any type of instrument designed to have sound or image recording abilities and shall include, but not be limited to, a cellular or digital phone, a pager, a two-way radio text messaging or modem device (including modem equipment devices), a camera, a video recorder and tape or digital recording devices, or any other device that has said capabilities.
§ 2. This act shall take effect on the fifteenth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06921-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to expanding the definition of dangerous contraband to include telecommunications and electronic recording devices
Summary of provisions
This bill would amend subdivision 4 of Penal Law ("PL") § 205.00, which'" contains the definitions of terms that are referenced in PL Article 205, relating to offenses committed when someone is in custody. It would add "telecommunications devices" to the existing definition of "dangerous contraband", and would be applicable to a number of devices that would be proscribed by virtue of PL § 205.25 ("Promoting prison contraband in the first degree").
Justification
Correctional systems throughout the world are witnessing the proliferation of contraband cell phones and other telecommunications devices. These devices pose a serious threat to public safety in several important ways. Such devices allow inmates to circumvent the safeguards and controls imposed on their communications, including the monitoring of the content of calls or numbers called, blocks on calls to certain numbers, and prohibitions against all phone communications where they pose a threat to safety and security. With such unlimited access, inmates are able to organize escapes by, for example, alerting outside individuals to prisoners' movements, Or sending images of secure areas. Inmates can organize prison disturbances, continue to harass witnesses and victims (including their victims of domestic violence) and interfere with members of juries. They are also able to use such devices to arrange for introduction of contraband into detention facilities or continue their outside illegal activities.
It is therefore essential to public safety that all possible measures be taken to deter the introduction and possession of such contraband. This bill would ensure that such conduct is punishable as a felony under PL 205.25. Under PL Article 205, promoting prison contraband is a misdemeanor (PL § 205.20) unless the item introduced or possessed is "dangerous contraband", which term is defined in PL § 205.00(4) as "contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein" and punishable as a D felony under PL § 205.25. While it should be beyond debate that telecommunications devices fit within that definition, it is important to eliminate any ambiguity in connection with the interpretation of the statute. This proposal will also send an important message to the public and to the inmate population that promoting such contraband will be punishable as a felony.
Finally, an ever-increasing number of States, including Alabama, Arkansas, Indiana, Illinois, Iowa, Kentucky, Louisiana, Michigan, Mississippi, North Carolina, Ohio, Pennsylvania, Rhode Island, South Dakota and Texas have adopted statutes making it a crime to possess or introduce electronic devices into their detention facilities.
Prior legislative history
2016: Passed Senate 2015: Passed Senate 2014: Died in Senate Codes Committee 2013: Died in Senate Codes Committee 2012: Died in Senate Codes Committee
Fiscal implications for state and local governments
None. EFFECTIVE DATE : 15th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.