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S2572Senate2017-2018 SessionSame asA9577

Increase Prison Contraband Penalties

Official title

“Relates to penalties for the promotion of prison contraband”

Sponsor Pamela HelmingSD-54+2 co-sponsorsAffects Legal
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill expands the definition of dangerous prison contraband and increases the penalty for promoting prison contraband in the first degree.

Why it matters

  1. Broadens what counts as “dangerous contraband”. in prisons to explicitly include firearms, other dangerous weapons, destructive devices (like bombs), and controlled substances (illegal drugs), making it easier for prosecutors to charge individuals for possessing or introducing these items.

  2. Specifically references federal and state definitions. of weapons and destructive devices, ensuring that any newly developed dangerous items or substances covered by these laws will automatically be included under the prison contraband statute.

  3. Raises the penalty for the most serious contraband offenses. from a class D felony to a class C felony, meaning individuals convicted face longer prison sentences and greater legal consequences, which may serve as a stronger deterrent and reflect the seriousness of the crime.

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Who cares

Headline styles

Increase Prison Contraband Penalties

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Pamela Helming

Senator · Senate District 54

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.622
  5. Print number 2572a
  6. Amend and recommit to codes
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 49–14
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.1309
  4. 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.

A9577Assembly

Increase Contraband Penalties

In Assembly Committee · Codes · Sponsor Carrie Woerner

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2572--A

2017-2018 Regular Sessions

IN SENATE

January 13, 2017

Introduced by Sens. HELMING, MARCHIONE, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to the promotion of prison contraband

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 and section 205.25 of the penal law are 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 shall not be limited to firearms and other dangerous weapons as defined in section 265.00 of this part, destructive devices as defined in 26 USC §5845(f) and controlled substances as defined in section 220.00 of this part. § 205.25 Promoting prison contraband in the first degree.

A person is guilty of promoting prison contraband in the first degree when:

1. He or she knowingly and unlawfully introduces any dangerous contraband into a detention facility; or

2. Being a person confined in a detention facility, he or she knowingly and unlawfully makes, obtains or possesses any dangerous contraband.

Promoting prison contraband in the first degree is a class [D] C felony.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08220-02-7

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 the promotion of prison contraband

Purpose

To enhance the penalties for introducing or possessing dangerous contra- band in New York State's prisons.

Summary of provisions

Section 1: Subdivision 4 of section 205.00 of the penal law is amended to expand the definition of "dangerous contraband" to include firearms and other dangerous weapons, destructive devices and controlled substances. Additionally, section 205.25 of the penal law is amended to designate the crime of promoting prison contraband in the first degree as a C felony.

Section 2: Provides for an immediate effective date.

Justification

Currently, promoting prison contraband in the first degree is a class D felony which provides for a sentence not to exceed seven years. This bill would amend the definition of "dangerous contraband" to include, but not be limited to, firearms and other dangerous weapons, destructive devices and controlled substances and would raise the penalty for those who commit this crime to a class C felony which provides for a sentence not to exceed fifteen years.

Across New York State, men and women who work in our prisons are placed in dangerous situations every day when inmates or outside associates attempt to bring contraband into the prisons. Within the last two years, in response to two convicted killers escaping from Clinton Correctional Facility, the New York State Department of Corrections has attempted to control the amount of contraband entering the State's prisons. However, we still hear daily examples of contraband being introduced, made, obtained and possessed and this crime needs to be taken seriously in an effort to protect our state's correction officers.

Legislative history

S.2572 of 2017 passed Senate 49-14. S.4382 of 2016 passed Senate 47-13. S.4382 of 2015 passed Senate 50-10. S.7246 of 2014 passed Senate 53-6.

Fiscal implications

None

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.