Bill Text: NY S02832 | 2023-2024 | General Assembly | Amended

New York Senate Bill 2832

Bill Title: Adds wage theft to the types of activities included in the crime of larceny.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2023-09-06 - SIGNED CHAP.353 [S02832 Detail]

Download: New_York-2023-S02832-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         2832--A
            Cal. No. 566

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced  by Sens. BRESLIN, CLEARE, HINCHEY, MATTERA, PALUMBO, PARKER,
          SALAZAR, WEIK -- read twice and ordered printed, and when  printed  to
          be committed to the Committee on Codes -- reported favorably from said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, passed by Senate and delivered  to  the  Assembly,  recalled,
          vote  reconsidered,  restored  to  third  reading, amended and ordered
          reprinted, retaining its place in the order of third reading

        AN ACT to amend the penal law, in relation to wage theft

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

     1    Section  1.  Subdivision  1  of  section  155.00  of the penal law, as
     2  amended by chapter 514 of the laws of 1986, is amended and a new  subdi-
     3  vision 10 is added to read as follows:
     4    1.  "Property"  means  any  money, compensation for labor or services,
     5  personal property, real property, computer data, computer program, thing
     6  in action, evidence of debt or contract, or any  article,  substance  or
     7  thing of value, including any gas, steam, water or electricity, which is
     8  provided for a charge or compensation.
     9    10.  "Workforce"  means  a  group  of  one or more persons who work in
    10  exchange for wages.
    11    § 2. Subdivision 2 of section 155.05 of the penal law  is  amended  by
    12  adding a new paragraph (f) to read as follows:
    13    (f) By wage theft.
    14    A  person obtains property by wage theft when he or she hires a person
    15  to perform services and the person performs such services and the person
    16  does not pay wages, at the minimum wage rate and overtime,  or  promised
    17  wage, if greater than the minimum wage rate and overtime, to said person
    18  for  work performed.   In a prosecution for wage theft, for the purposes
    19  of venue, it is permissible to aggregate all  nonpayments  or  underpay-
    20  ments to one person from one person, into one larceny count, even if the
    21  nonpayments  or  underpayments occurred in multiple counties. It is also

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01997-03-3

        S. 2832--A                          2

     1  permissible to aggregate nonpayments or underpayments from  a  workforce
     2  into  one  larceny  count  even  if  such  nonpayments  or underpayments
     3  occurred in multiple counties.
     4    § 3. This act shall take effect immediately.