New York A 4699: Relates to the crime of aggravated harassment of an employee by an incarcerated individual

Bill Text

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A04699 Summary:

BILL NOA04699 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§70.00 & 70.25, Pen L

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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.

Go to top A04699 Actions:

BILL NOA04699 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04699 Committee&nbspVotes:

Go to topA04699 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04699 Text:

 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