Includes within the class D felony of promoting prison contraband in the first degree, the knowing and unlawful possession of a cellular telephone by a person confined in a detention facility; establishes the class C felony of provision of a cellular telephone to an inmate which prohibits a prison employee from providing a cellular telephone to an inmate.
STATE OF NEW YORK
________________________________________________________________________
4671
2011-2012 Regular Sessions
IN ASSEMBLY
February 4, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the possession by an
inmate in a detention facility or the provision to such an inmate of a
cellular telephone
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 1 of section 70.25 of
2 the penal law, as amended by chapter 372 of the laws of 1981, is amended
3 to read as follows:
4 Except as provided in subdivisions two, two-a [and], five and six of
5 this section, when multiple sentences of imprisonment are imposed on a
6 person at the same time, or when a person who is subject to any undisc-
7 harged term of imprisonment imposed at a previous time by a court of
8 this state is sentenced to an additional term of imprisonment, the
9 sentence or sentences imposed by the court shall run either concurrently
10 or consecutively with respect to each other and the undischarged term or
11 terms in such manner as the court directs at the time of sentence. If
12 the court does not specify the manner in which a sentence imposed by it
13 is to run, the sentence shall run as follows:
14 § 2. Section 70.25 of the penal law is amended by adding a new subdi-
15 vision 6 to read as follows:
16 6. (a) When a person is convicted of promoting prison contraband in
17 the first degree, as defined in subdivision three of section 205.25 of
18 this chapter, any definite, indeterminate or determinate term of impri-
19 sonment which may be imposed as a sentence upon such conviction shall
20 run consecutively to any undischarged term of imprisonment to which the
21 defendant was subject and for which he or she was confined at the time
22 of such offense.
23 (b) When a person is convicted of promoting prison contraband in the
24 first degree, as defined in subdivision three of section 205.25 of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00048-01-1
A. 4671 2
1 chapter, any definite, indeterminate or determinate term of imprisonment
2 which may be imposed as a sentence upon such conviction shall run
3 consecutively to any term of imprisonment which was previously imposed
4 or which may be prospectively imposed where the person was confined
5 within a detention facility at the time of the offense.
6 § 3. Section 205.00 of the penal law is amended by adding a new subdi-
7 vision 5 to read as follows:
8 5. "Cellular telephone" means any wireless communications device as
9 defined in subdivision nine of section three hundred one of the county
10 law.
11 § 4. Section 205.25 of the penal law is amended to read as follows:
12 § 205.25 Promoting prison contraband in the first degree.
13 A person is guilty of promoting prison contraband in the first degree
14 when:
15 1. He or she knowingly and unlawfully introduces any dangerous contra-
16 band into a detention facility; or
17 2. Being a person confined in a detention facility, he or she knowing-
18 ly and unlawfully makes, obtains or possesses any dangerous contra-
19 band[.]; or
20 3. Being a person confined in a detention facility, he or she knowing-
21 ly and unlawfully obtains or possesses any cellular telephone.
22 Promoting prison contraband in the first degree is a class D felony.
23 § 5. The penal law is amended by adding a new section 205.27 to read
24 as follows:
25 § 205.27 Provision of a cellular telephone to an inmate.
26 A person is guilty of provision of a cellular telephone to an inmate
27 when he or she, being an employee of a detention facility, the division
28 of parole or the office of mental health, knowingly and unlawfully
29 sells, exchanges or gives a cellular telephone to any person confined in
30 a detention facility.
31 Provision of a cellular telephone to an inmate is a class C felony.
32 § 6. This act shall take effect on the first of November next succeed-
33 ing the date on which it shall have become a law.
