Bill Text: NY S03314 | 2019-2020 | General Assembly | Introduced


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; establishes the crimes of endangering the welfare of a worker in the third, second and first degrees.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-03-06 - ADVANCED TO THIRD READING [S03314 Detail]

Download: New_York-2019-S03314-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3314
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by  Sens. SANDERS, BROOKS, KENNEDY, SAVINO -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Codes
        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) an offense set
    13  forth in section 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
    14  125.15, 125.20,  125.21,  125.22,  125.25,  125.26  or  125.27  of  this
    15  chapter.
    16    §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
    17  adding a new paragraph (c) to read as follows:
    18    (c) If an employer, person acting in a supervisory role on  behalf  of
    19  an  employer,  or  as  an  agent, with delegated power, of a person in a
    20  position of authority  and  responsibility  is  convicted  of  violating
    21  section  122.10  or 122.15 of this chapter, the court may order restitu-
    22  tion or reparation in excess of the amounts specified in paragraphs  (a)
    23  and (b) of this subdivision.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05844-01-9

        S. 3314                             2
     1    §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
     2  penal law, as amended by section 28 of subpart A of part H of chapter 55
     3  of the laws of 2014, are amended to read as follows:
     4    (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
     5  provided, however, that  when  the  conviction  is  of  section  120.05,
     6  120.10,  122.10, 122.15, 125.10, 125.11, 125.15, 125.20, 125.21, 125.22,
     7  125.25, 125.26 or 125.27 of this chapter, such fine may be  up  to  five
     8  hundred thousand dollars;
     9    (b)  Five thousand dollars, when the conviction is of a class A misde-
    10  meanor or of an unclassified misdemeanor for which a term  of  imprison-
    11  ment  in  excess  of three months is authorized; provided, however, that
    12  when the conviction is of section 122.05 of this chapter, such fine  may
    13  be up to three hundred thousand dollars;
    14    §  5.  The penal law is amended by adding a new article 122 to read as
    15  follows:
    16                                 ARTICLE 122
    17                              WORKPLACE SAFETY
    18  Section 122.00 Definitions.
    19          122.05 Endangering the welfare of a worker in the third degree.
    20          122.10 Endangering the welfare of a worker in the second degree.
    21          122.15 Endangering the welfare of a worker in the first degree.
    22  § 122.00 Definitions.
    23    For purposes of this article:
    24    1. "Worker" shall mean a person who is paid, receives or is  owed  any
    25  compensation,  wages  or remuneration for labor, whether as an employee,
    26  consultant, independent contractor or otherwise.
    27    2. "Workplace" shall mean a place of work or work  location,  where  a
    28  worker  performs  work  related  duties,  that is subject to one or more
    29  federal, state or local laws, standards, rules,  orders  or  regulations
    30  that  sets  forth a safety protocol or procedure designed to assure safe
    31  and healthful working conditions for workers.
    32    3. "Employer" shall mean any person, partnership, joint stock company,
    33  trust, corporation, limited liability company or  association  or  other
    34  business  entity  employing  any individual in any occupation, industry,
    35  trade, business or service and shall also mean and include  any  general
    36  contractor,  subcontractor  or  permit  or  license  holder, involved or
    37  formerly involved, to any degree, in the planning, contracting, delivery
    38  of goods or services, the hiring or supervising of workers, or any simi-
    39  lar activity relating to work at a workplace.
    40    4. "Remuneration" shall mean commissions,  bonuses,  any  benefits  in
    41  lieu  of  cash  wages,  reasonable  money value of board, rent, housing,
    42  lodging, or any similar benefit.
    43  § 122.05 Endangering the welfare of a worker in the third degree.
    44    A person is guilty of endangering the welfare of a worker in the third
    45  degree when, being the employer of a worker working at a workplace or  a
    46  person acting in a supervisory role on behalf of an employer of a worker
    47  working  at  a workplace, and acting with criminal negligence, he or she
    48  exposes such worker to a risk of physical injury.
    49    Endangering the welfare of a worker in the third degree is a  class  A
    50  misdemeanor.
    51  § 122.10 Endangering the welfare of a worker in the second degree.
    52    A  person  is  guilty  of  endangering  the welfare of a worker in the
    53  second degree when, being the employer of a worker working  at  a  work-
    54  place  or a person acting in a supervisory role on behalf of an employer
    55  of a worker working at a workplace, and acting with criminal negligence,

        S. 3314                             3
     1  he or she exposes such worker to a risk of physical injury  and  thereby
     2  causes serious physical injury to such worker.
     3    Endangering  the welfare of a worker in the second degree is a class E
     4  felony.
     5  § 122.15 Endangering the welfare of a worker in the first degree.
     6    A person is guilty of endangering the welfare of a worker in the first
     7  degree when, being the employer of a worker working at a workplace or  a
     8  person acting in a supervisory role on behalf of an employer of a worker
     9  working  at  a workplace, and acting with criminal negligence, he or she
    10  exposes such worker to a risk of physical injury and thereby causes  the
    11  death of such worker.
    12    Endangering  the  welfare of a worker in the first degree is a class D
    13  felony.
    14    § 6. This act shall take effect on the thirtieth day  after  it  shall
    15  have become a law.
feedback