Relates to the crime of aggravated harassment of an employee by an incarcerated individual; requires any imprisonment imposed by such conviction run consecutively to any undischarged term of imprisonment to which the defendant is subject.
STATE OF NEW YORK
________________________________________________________________________
4699
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. PHEFFER AMATO -- 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 incarcerated individual
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 70.00 of the penal law, as amended
2 by chapter 738 of the laws of 2004, is amended to read as follows:
3 4. Alternative definite sentence for class D and E felonies. When a
4 person, other than a second or persistent felony offender, is sentenced
5 for a class D or class E felony, except when such felony is committed
6 against an employee of a correctional facility or local correctional
7 facility, hospital, as such term is defined in subdivision two of
8 section four hundred of the correction law, or a secure facility oper-
9 ated and maintained by the office of children and family services by an
10 incarcerated individual, as defined in section 240.32 of this chapter,
11 and the court, having regard to the nature and circumstances of the
12 crime and to the history and character of the defendant, is of the opin-
13 ion that a sentence of imprisonment is necessary but that it would be
14 unduly harsh to impose an indeterminate or determinate sentence, the
15 court may impose a definite sentence of imprisonment and fix a term of
16 one year or less.
17 § 2. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the
18 penal law, as amended by chapter 3 of the laws of 1995, are amended to
19 read as follows:
20 (a) Except as provided in paragraph (c) of this subdivision, when a
21 person is convicted of assault in the second degree, as defined in
22 subdivision seven of section 120.05 of this chapter, or when such
23 conviction is for a crime committed against an employee of a correction-
24 al facility or local correctional facility, hospital, as such term is
25 defined in subdivision two of section four hundred of the correction
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06800-02-5
A. 4699 2
1 law, or a secure facility operated and maintained by the office of chil-
2 dren and family services by an incarcerated individual, as defined in
3 section 240.32 of this chapter, any definite, indeterminate or determi-
4 nate term of imprisonment which may be imposed as a sentence upon such
5 conviction shall run consecutively to any undischarged term of imprison-
6 ment to which the defendant was subject and for which [he] such defend-
7 ant was confined at the time of the assault.
8 (b) Except as provided in paragraph (c) of this subdivision, when a
9 person is convicted of assault in the second degree, as defined in
10 subdivision seven of section 120.05 of this chapter, or when such
11 conviction is for a crime committed against an employee of a correction-
12 al facility or local correctional facility, hospital, as such term is
13 defined in subdivision two of section four hundred of the correction
14 law, or a secure facility operated and maintained by the office of chil-
15 dren and family services by an incarcerated individual, as defined in
16 section 240.32 of this chapter any definite, indeterminate or determi-
17 nate term of imprisonment which may be imposed as a sentence upon such
18 conviction shall run consecutively to any term of imprisonment which was
19 previously imposed or which may be prospectively imposed where the
20 person was confined within a detention facility at the time of the
21 assault upon a charge which culminated in such sentence of imprisonment.
22 § 3. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the
23 penal law, as added by chapter 372 of the laws of 1981, are amended to
24 read as follows:
25 (a) Except as provided in paragraph (c) of this subdivision, when a
26 person is convicted of assault in the second degree, as defined in
27 subdivision seven of section 120.05 of this chapter, or when such
28 conviction is for a crime committed against an employee of a correction-
29 al facility or local correctional facility, hospital, as such term is
30 defined in subdivision two of section four hundred of the correction
31 law, or a secure facility operated and maintained by the office of chil-
32 dren and family services by an incarcerated individual, as defined in
33 section 240.32 of this chapter, any definite or indeterminate term of
34 imprisonment which may be imposed as a sentence upon such conviction
35 shall run consecutively to any undischarged term of imprisonment to
36 which the defendant was subject and for which [he] such defendant was
37 confined at the time of the assault.
38 (b) Except as provided in paragraph (c) of this subdivision, when a
39 person is convicted of assault in the second degree, as defined in
40 subdivision seven of section 120.05 of this chapter, or when such
41 conviction is for a crime committed against an employee of a correction-
42 al facility or local correctional facility, hospital, as such term is
43 defined in subdivision two of section four hundred of the correction
44 law, or a secure facility operated and maintained by the office of chil-
45 dren and family services by an incarcerated individual, as defined in
46 section 240.32 of this chapter, any definite or indeterminate term of
47 imprisonment which may be imposed as a sentence upon such conviction
48 shall run consecutively to any term of imprisonment which was previously
49 imposed or which may be prospectively imposed where the person was
50 confined within a detention facility at the time of the assault upon a
51 charge which culminated in such sentence of imprisonment.
52 § 4. Paragraph (c) of subdivision 5 of section 70.25 of the penal law,
53 as added by chapter 372 of the laws of 1981, is amended and a new subdi-
54 vision 6 is added to read as follows:
55 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this
56 subdivision, a term of imprisonment imposed upon a conviction to assault
A. 4699 3
1 in the second degree as defined in subdivision seven of section 120.05
2 of this chapter or when such conviction is for a crime committed against
3 an employee of a correctional facility or local correctional facility,
4 hospital, as such term is defined in subdivision two of section four
5 hundred of the correction law, or a secure facility operated and main-
6 tained by the office of children and family services by an incarcerated
7 individual, as defined in section 240.32 of this chapter, may run
8 concurrently to any other term of imprisonment, in the interest of
9 justice, provided the court sets forth in the record its reasons for
10 imposing a concurrent sentence. Nothing in this section shall require
11 the imposition of a sentence of imprisonment where it is not otherwise
12 required by law.
13 6. When a person is convicted of any charge subject to this section,
14 the person confined shall be re-housed for no shorter than the full
15 duration of any definitive or indeterminate term of imprisonment which
16 may be imposed as a sentence upon such conviction and any definitive or
17 indeterminate term of imprisonment which may be imposed as a sentence
18 upon such conviction shall run consecutively to any undischarged term of
19 imprisonment to which the defendant was subject and for which such
20 defendant was confined at the time of the conduct that gave rise to the
21 conviction.
22 § 5. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law, provided that the
24 amendments to paragraphs (a) and (b) of subdivision 5 of section 70.25
25 of the penal law made by section two of this act shall be subject to the
26 expiration and reversion of such paragraphs pursuant to subdivision d of
27 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
28 date the provisions of section three of this act shall take effect.
