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S451Senate2019-2020 Session

Increase Prison Contraband Penalties

Official title

“Relates to penalties for the promotion of prison contraband”

Sponsor Pamela HelmingSD-54+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill expands the definition of dangerous prison contraband and raises the penalty for promoting it to a class C felony.

Why it matters

  1. Broadens what counts as "dangerous contraband". by explicitly including firearms, other defined weapons, destructive devices (like bombs), and controlled substances—making it easier for prosecutors to charge individuals for possessing or smuggling a wider range of items.

  2. Increases the severity of punishment. by raising the offense of promoting dangerous prison contraband from a class D felony to a class C felony, which carries longer potential prison sentences and greater legal consequences.

  3. Aims to deter smuggling and possession. of highly dangerous items in prisons, addressing growing concerns about violence and drug trafficking within detention facilities and aiming to enhance overall safety for inmates, staff, and visitors.

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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

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Full text

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

STATE OF NEW YORK

451

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sens. HELMING, RITCHIE -- 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 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 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 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.

§ 2. Section 205.25 of the penal law is amended to read as follows: § 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.

§ 3. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD01237-01-9

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 defmition 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-A of 2018 referred to Rules. 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.