What's happening
This bill requires sentences for aggravated harassment of an employee by an inmate to run consecutively with existing imprisonment terms.
Why it matters
Increases consequences for inmates. The bill ensures that inmates convicted of aggravated harassment against facility employees will have any new sentence added on top of their existing prison time, rather than served at the same time—making the punishment more severe.
Aligns with existing assault penalties. By treating aggravated harassment of an employee by an inmate similarly to certain assault offenses (which already require consecutive sentencing), the bill aims to create consistency in how serious offenses against corrections staff are handled.
Potential deterrent effect. The mandatory consecutive sentencing could act as a stronger deterrent against assaults and harassment of prison staff, potentially improving safety conditions for employees working in correctional facilities.
Judicial discretion preserved in rare cases. The bill still allows a judge to impose a concurrent (overlapping) sentence “in the interest of justice,” but only if the judge explains the reasoning in the official record, preserving some flexibility for exceptional circumstances.
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Who cares
Correctional employees
The bill would tighten sentencing rules for inmates convicted of aggravated harassment of an employee by an inmate.
Inmates facing aggravated harassment charges
The bill would remove the alternative definite prison sentence of one year or less and generally require prison terms for this offense to run consecutively to covered confinement-related sentences.
Criminal court judges
The bill would restrict sentencing options while allowing concurrent terms in the interest of justice if the court records its reasons.
Prosecutors and defense attorneys
The bill would change sentencing exposure in these cases without requiring imprisonment where it is not otherwise required by law.
Headline styles
Tougher Penalties for Inmate Harassment
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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 Assembly Committee · Codes · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3871
2019-2020 Regular Sessions
IN SENATE
February 20, 2019
Introduced by Sen. GOUNARDES -- 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 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.
LBD09918-01-9
S. 3871 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.
Sponsor's memo
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
To require consecutive sentences for felonies committed against corrections employees by an inmate.
Summary of 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 E felony aggravated harassment of an employee by an inmate, as defined in Penal Law section 240.32.
Read the full memo (763 words)
Sections two and three of this bill amends Penal Law section 70.25(5) (a) and (b) to provide that the sentence for a conviction of aggravated harassment of an employee by an inmate 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 inci- dent 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 concurrently 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. Such sentences are carried out concurrently over the course of any existing and not yet completely served sentences imposed on the perpetrator inmate.
The acts that must take place for a conviction of aggravated harassment of an employee by an inmate are by their very definition, separate and distinguishable acts from the particular crime that placed the inmate within the corrections system. By allowing for the imposition of concur- rent 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 multiple offenses arising from a single act or event, the instigation of another act at another time 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 reasonable deterrent against actions that are already deemed illegal under the current law. Any deviation from such a requirement, if done in the interest of justice, would need to be put forth by the court on the record.
Prior legislative history
2017-8: S.3776 - Referred to Codes 2016: S.6951-A - Referred to Codes
Fiscal implications
Undetermined
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.