Bill Text: NY S00621 | 2021-2022 | General Assembly | Amended

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Bill Title: Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes.

Spectrum: Moderate Partisan Bill (Democrat 27-4)

Status: (Introduced - Dead) 2022-06-02 - SUBSTITUTED BY A4947B [S00621 Detail]

Download: New_York-2021-S00621-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         621--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  SANDERS,  ADDABBO, BAILEY, BIAGGI, BOYLE, BROOKS,
          BROUK,  COMRIE,  GAUGHRAN,  GOUNARDES,  HARCKHAM,  HOYLMAN,   JACKSON,
          KAPLAN, KENNEDY, KRUEGER, LIU, MATTERA, MAYER, PALUMBO, PARKER, RAMOS,
          RIVERA, SALAZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS, WEIK --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Codes -- recommitted to the  Committee  on  Codes  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee

        AN ACT to amend the penal law, in relation to crimes involving the death
          or injury of a worker

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Carlos' law".
     3    § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
     4  as amended by chapter 671 of the laws of 1986, is  amended  to  read  as
     5  follows:
     6    (c)  The conduct constituting the offense is engaged in by an agent of
     7  the corporation while acting within the scope of his employment  and  in
     8  behalf  of  the  corporation,  and the offense is (i) a misdemeanor or a
     9  violation, (ii) one defined by  a  statute  which  clearly  indicates  a
    10  legislative  intent  to impose such criminal liability on a corporation,
    11  [or] (iii) any offense set forth in title twenty-seven of article seven-
    12  ty-one of the environmental conservation law, or (iv) is in relation  to
    13  a crime involving the death or injury of a worker.
    14    §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
    15  adding a new paragraph (c) to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05189-05-2
        S. 621--B                           2

     1    (c) If a corporation is found guilty of an offense involving the death
     2  or injury of a worker in violation of paragraph  (a),  (b),  or  (c)  of
     3  subdivision  two  of  section 20.20 of this chapter, the court may order
     4  restitution or reparation in excess of the amounts  specified  in  para-
     5  graphs (a) and (b) of this subdivision.
     6    §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
     7  penal law, as amended by section 28 of subpart A of part H of chapter 55
     8  of the laws of 2014, are amended to read as follows:
     9    (a) Ten  thousand  dollars,  when  the  conviction  is  of  a  felony;
    10  provided,  however,  that  when  the conviction is pursuant to paragraph
    11  (a), (b), or (c) of subdivision two of section 20.20  of  this  chapter,
    12  such  fine  shall  be fixed by the court and shall not be less than five
    13  hundred thousand dollars nor more than one million dollars;
    14    (b) Five thousand dollars, when the conviction is of a class A  misde-
    15  meanor  or  of an unclassified misdemeanor for which a term of imprison-
    16  ment in excess of three months is authorized;  provided,  however,  that
    17  when  the conviction is pursuant to paragraph (a), (b), or (c) of subdi-
    18  vision two of section 20.20 of this chapter, such fine shall be fixed by
    19  the court and shall not be less than three hundred thousand dollars  nor
    20  more than five hundred thousand dollars;
    21    §  5.  This  act shall take effect on the thirtieth day after it shall
    22  have become a law.