Assembly Bill A2966B

2017-2018 Legislative Session

Enacts Carlos's law; relates to crimes involving the death or injury of a worker

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Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A2966 - Details

See Senate Version of this Bill:
S4373
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.15, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4508, S3314
2021-2022: A4947, S621

2017-A2966 - Summary

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.

2017-A2966 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2966
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M. of A. MOYA -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   endangering the welfare of a worker
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (c) of subdivision 2  of  section  20.20  of  the
 penal  law, as amended by chapter 671 of the laws of 1986, is amended to
 read as follows:
   (c) The conduct constituting the offense is engaged in by an agent  of
 the  corporation  while acting within the scope of his employment and in
 behalf of the corporation, and the offense is (i)  a  misdemeanor  or  a
 violation,  (ii)  one  defined  by  a  statute which clearly indicates a
 legislative intent to impose such criminal liability on  a  corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one  of  the  environmental  conservation law, OR (IV) AN OFFENSE SET
 FORTH IN SECTIONS 122.00, 122.05 OR 122.10 OF THIS CHAPTER.
   § 2. Paragraphs (a) and (b) of subdivision 1 of section 80.10  of  the
 penal law, as amended by section 28 of subpart A of part H of chapter 55
 of the laws of 2014, are amended to read as follows:
   (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
 PROVIDED, HOWEVER, THAT WHEN THE CONVICTION IS OF A FELONY SPECIFIED  IN
 ARTICLE  122  OF  THIS  CHAPTER,  SUCH FINE MAY BE UP TO FIVE TIMES SAID
 AMOUNT;
   (b) Five thousand dollars, when the conviction is of a class A  misde-
 meanor  or  of an unclassified misdemeanor for which a term of imprison-
 ment in excess of three months is authorized;  PROVIDED,  HOWEVER,  THAT
 WHEN THE CONVICTION IS OF A CLASS A MISDEMEANOR SPECIFIED IN ARTICLE 122
 OF THIS CHAPTER, SUCH FINE MAY BE UP TO FIVE TIMES SAID AMOUNT;
   §  3.  The penal law is amended by adding a new article 122 to read as
 follows:

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

co-Sponsors

multi-Sponsors

2017-A2966A - Details

See Senate Version of this Bill:
S4373
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.15, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4508, S3314
2021-2022: A4947, S621

2017-A2966A - Summary

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.

2017-A2966A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2966--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. MOYA, BARNWELL, MOSLEY, MONTESANO, BLAKE, CRESPO,
   RIVERA,  ROZIC, HYNDMAN, NIOU, GOTTFRIED, RICHARDSON, BRINDISI, BRABE-
   NEC,  SANTABARBARA,  PAULIN  --  Multi-Sponsored  by  --  M.   of   A.
   DE LA ROSA,  DenDEKKER, SIMON -- read once and referred to the Commit-
   tee on Codes -- 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Carlos's law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as  amended  by  chapter  671 of the laws of 1986, is amended to read as
 follows:
   (c) The conduct constituting the offense is engaged in by an agent  of
 the  corporation  while acting within the scope of his employment and in
 behalf of the corporation, and the offense is (i)  a  misdemeanor  or  a
 violation,  (ii)  one  defined  by  a  statute which clearly indicates a
 legislative intent to impose such criminal liability on  a  corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one  of  the  environmental  conservation law, OR (IV) AN OFFENSE SET
 FORTH IN SECTION 122.05, 122.10 OR 122.15 OF THIS CHAPTER.
   § 3. Subdivision five of section 60.27 of the penal law is amended  by
 adding a new paragraph (c) to read as follows:
   (C) IF AN EMPLOYER OR PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF
 AN  EMPLOYER  IS CONVICTED OF VIOLATING SECTION 122.10 OR 122.15 OF THIS
 CHAPTER, THE COURT MAY ORDER RESTITUTION OR REPARATION IN EXCESS OF  THE
 AMOUNTS SPECIFIED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
 penal law, as amended by section 28 of subpart A of part H of chapter 55
 of the laws of 2014, are amended to read as follows:
   (a) Ten  thousand  dollars,  when  the  conviction  is  of  a  felony;
 PROVIDED,  HOWEVER,  THAT  WHEN  THE  CONVICTION IS OF SECTION 122.10 OR

co-Sponsors

multi-Sponsors

2017-A2966B (ACTIVE) - Details

See Senate Version of this Bill:
S4373
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.15, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4508, S3314
2021-2022: A4947, S621

2017-A2966B (ACTIVE) - Summary

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.

2017-A2966B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2966--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. MOYA, BARNWELL, MOSLEY, MONTESANO, BLAKE, CRESPO,
   RIVERA,  ROZIC, HYNDMAN, NIOU, GOTTFRIED, RICHARDSON, BRINDISI, BRABE-
   NEC,  SANTABARBARA,  PAULIN  --  Multi-Sponsored  by  --  M.   of   A.
   DE LA ROSA,  DenDEKKER, SIMON -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as  amended  by  chapter  671 of the laws of 1986, is amended to read as
 follows:
   (c) The conduct constituting the offense is engaged in by an agent  of
 the  corporation  while acting within the scope of his employment and in
 behalf of the corporation, and the offense is (i)  a  misdemeanor  or  a
 violation,  (ii)  one  defined  by  a  statute which clearly indicates a
 legislative intent to impose such criminal liability on  a  corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one  of  the  environmental  conservation law, OR (IV) AN OFFENSE SET
 FORTH IN SECTION 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
 125.15, 125.20,  125.21,  125.22,  125.25,  125.26  OR  125.27  OF  THIS
 CHAPTER.
   §  3. Subdivision five of section 60.27 of the penal law is amended by
 adding a new paragraph (c) to read as follows:
   (C) IF AN EMPLOYER, PERSON ACTING IN A SUPERVISORY ROLE ON  BEHALF  OF
 AN  EMPLOYER,  OR  AS  AN  AGENT, WITH DELEGATED POWER, OF A PERSON IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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