Bill Text: NY S01325 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to crimes involving the death or serious physical injury of an employee; defines employee; updates the effectiveness of such provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-25 - SUBSTITUTED BY A1322 [S01325 Detail]

Download: New_York-2023-S01325-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1325

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to crimes involving the death
          or serious physical injury of an employee; and to amend a  chapter  of
          the  laws  of 2022 amending the penal law relating to crimes involving
          the death or injury of a worker,  as  proposed  in  legislative  bills
          numbers  S.    621-B  and  A. 4947-B, in relation to the effectiveness
          thereof

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

     1    Section  1.  Section 10.00 of the penal law is amended by adding a new
     2  subdivision 22 to read as follows:
     3    22. For the purposes of section 20.20 of this part and  section  60.27
     4  of  this  chapter,  the  term "employee" shall mean any person providing
     5  labor or services for remuneration for  a  private  entity  or  business
     6  within  New  York  state,  without regard to an individual's immigration
     7  status, and shall include part-time  workers,  independent  contractors,
     8  apprentices,  domestic workers, home care and personal care workers, day
     9  laborers, farmworkers, and other temporary and seasonal workers.
    10    § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
    11  as amended by a chapter of the laws  of  2022  amending  the  penal  law
    12  relating  to  crimes  involving  the  death  or  injury  of a worker, as
    13  proposed in legislative bills numbers S. 621-B and A. 4947-B, is amended
    14  to read as follows:
    15    (c) The conduct constituting the offense is engaged in by an agent  of
    16  the corporation while acting within the scope of his employment and [in]
    17  on  behalf of the corporation, and the offense is (i) a misdemeanor or a
    18  violation, (ii) one defined by  a  statute  which  clearly  indicates  a
    19  legislative  intent  to impose such criminal liability on a corporation,
    20  (iii) any offense set forth in title twenty-seven of article seventy-one
    21  of the environmental conservation law, or (iv) is in relation to a crime

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04304-01-3
        S. 1325                             2

     1  involving the death or serious physical injury of [a worker] an employee
     2  where the corporation acted negligently, recklessly,  intentionally,  or
     3  knowingly.
     4    § 3. Paragraph (c) of subdivision 5 of section 60.27 of the penal law,
     5  as  added by a chapter of the laws of 2022 amending the penal law relat-
     6  ing to crimes involving the death or injury of a worker, as proposed  in
     7  legislative  bills numbers S. 621-B and A. 4947-B, is amended to read as
     8  follows:
     9    (c) If a corporation is found guilty of an offense involving the death
    10  or serious physical injury of [a worker] an  employee  in  violation  of
    11  subparagraph  (iv) of paragraph [(a), (b), or] (c) of subdivision two of
    12  section 20.20 of this chapter, the court may order restitution or  repa-
    13  ration  in  excess of the amounts specified in paragraphs (a) and (b) of
    14  this subdivision.
    15    § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10  of  the
    16  penal  law,  as  amended  by  a chapter of the laws of 2022 amending the
    17  penal law relating to crimes involving the death or injury of a  worker,
    18  as  proposed  in  legislative  bills numbers S. 621-B and A. 4947-B, are
    19  amended to read as follows:
    20    (a) Ten  thousand  dollars,  when  the  conviction  is  of  a  felony;
    21  provided,  however, that when the conviction is pursuant to subparagraph
    22  (iv) of paragraph [(a), (b), or] (c) of subdivision two of section 20.20
    23  of this chapter, such fine shall be fixed by the court and  shall  [not]
    24  be  [less] no more than five hundred thousand dollars [nor more than one
    25  million dollars];
    26    (b) Five thousand dollars, when the conviction is of a class A  misde-
    27  meanor  or  of an unclassified misdemeanor for which a term of imprison-
    28  ment in excess of three months is authorized;  provided,  however,  that
    29  when  the conviction is pursuant to subparagraph (iv) of paragraph [(a),
    30  (b), or] (c) of subdivision two of section 20.20 of this  chapter,  such
    31  fine  shall be fixed by the court and shall [not] be [less] no more than
    32  three hundred thousand dollars [nor  more  than  five  hundred  thousand
    33  dollars];
    34    § 5. Section 5 of a chapter of the laws of 2022 amending the penal law
    35  relating  to  crimes  involving  the  death  or  injury  of a worker, as
    36  proposed in legislative bills numbers S. 621-B and A. 4947-B, is amended
    37  to read as follows:
    38    § 5. This act shall take effect on the [thirtieth] ninetieth day after
    39  it shall have become a law and shall apply to proceedings commencing  on
    40  or after such date.
    41    §  6.  This act shall take effect immediately; provided, however, that
    42  sections one, two, three and four of this act shall take effect  on  the
    43  same date and in the same manner as a chapter of the laws of 2022 amend-
    44  ing  the penal law relating to crimes involving the death or injury of a
    45  worker, as proposed  in  legislative  bills  numbers  S.  621-B  and  A.
    46  4947-B, takes effect.