NY State Senate Bill 2017-S4373B

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jun 15, 2017	print number 4373b
Jun 15, 2017	amend and recommit to codes
May 24, 2017	print number 4373a
May 24, 2017	amend (t) and recommit to codes
Feb 10, 2017	referred to codes

Bill Amendments

Original

B (Active)

2017-S4373 - Details

See Assembly Version of this Bill:: A10728
Current Committee:: Senate Codes
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: S3314, A4508
2021-2022: S621, A4947

2017-S4373 - 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-S4373 - Sponsor Memo

                                 BILL NUMBER:  S4373

 TITLE OF BILL :  An act to amend the penal law, in relation to
establishing the crime of endangering the welfare of a worker

 PURPOSE :

This bill seeks to protect workers from employers and supervisors that
ignore, disregard or fail to comply with safety protocols by amending
the penal code to create a new Article 122 of the Penal Law -
Workplace Safety Offenses.

 SUMMARY OF PROVISIONS :

§ 1 - amends section 20.20 of the penal law relating to criminal
liability of corporations by adding a new Article 122 of the penal law
- workplace safety offenses - endangering the welfare of a workers in
the 1st, 2", or 3`d degree for which an agent of a corporation could
be guilty.

§ 2 - amends section a and b of subdivision 1 of section 80.10
relating to fines on corporation by adding fines for violations under
new article 122 of the Penal law. For felony offenses, the fine may be
up to $50,000. For misdemeanors offenses the fine may be up to
$25,000.

§ 3 - Creates a new Article 122 of the Penal Law - Workplace Safety
Offenses

§ 122.00 - endangering the welfare of a worker in the third degree -if
an employer or supervisor ignores, disregards or fails to comply with
workplace safety protocols or procedures; and that conduct exposes a
worker to bodily injury - punishable as a class A misdemeanor.

§ 122.05 - endangering the welfare of a worker in the second degree -
if an employer or supervisor ignores, disregards or fails to comply
with workplace safety protocols or procedures, and that conduct
exposes a worker to serious physical injury - punishable as a class E
felony.

§ 122.10 - endangering the welfare of a worker in the first degree -
if an employer or supervisor ignores, disregards or fails to comply
with workplace safety protocols or procedures, and that contributes
directly to the death of a worker - punishable as a class D felony.

§ 4 - effective date of 30 days after signed into law

 JUSTIFICATION :

Workplace deaths and serious injuries continue to be commonplace in
the construction industry. Of the more than 400,000 workplace
fatalities since Congress enacted the Occupational Safety and Health
Act (OSHA), fewer than 80 have been prosecuted, and only about a dozen
lead to convictions. That is roughly one conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was only $1,000 on average. Under the OSHA, the criminal
penalty is a Class B misdemeanor, and carries, at most, up to 6 months
imprisonment. The weakness of OSHA's punitive measures has therefore
failed to encourage safer work environments.

This bill would strengthen New York State's laws by creating a new
Article 122 of the Penal law of Workplace Safety Offenses increasing
both fines and penalties when an employer or supervisor ignores,
disregards or fails to comply with workplace safety protocols or
procedures, and that contributes directly to bodily injury, serious
physical injury of the death of a worker. -
 PRIOR LEGISLATIVE HISTORY :

2016 Session - New bill

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
30 days after being signed into law.

2017-S4373 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4373
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 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.

                                                            LBD07355-01-7

 S. 4373                             2
 
                                ARTICLE 122
                         WORKPLACE SAFETY OFFENSES
 SECTION 122.00 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
         122.05 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
         122.10 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
 § 122.00 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
 DEGREE  WHEN, BEING AN EMPLOYER OR A PERSON ACTING IN A SUPERVISORY ROLE
 ON BEHALF OF AN EMPLOYER, AND KNOWING OR HAVING  REASON  TO  KNOW  OF  A
 FEDERAL,  STATE OR LOCAL LAW, STANDARD, RULE, ORDER OR REGULATION APPLI-
 CABLE TO A WORK PLACE SAFETY PROTOCOL OR PROCEDURE, SUCH PERSON IGNORES,
 DISREGARDS OR FAILS TO COMPLY WITH SUCH LAW, STANDARD,  RULE,  ORDER  OR
 REGULATION  AND  SUCH CONDUCT DIRECTLY EXPOSES A WORKER, ACTING PURSUANT
 TO SUCH WORKER'S ASSIGNED DUTIES, TO A RISK OF BODILY INJURY.
   ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE IS A  CLASS  A
 MISDEMEANOR.
 § 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF  ENDANGERING  THE WELFARE OF A WORKER IN THE
 SECOND DEGREE WHEN, BEING AN EMPLOYER OR A PERSON ACTING IN A SUPERVISO-
 RY ROLE ON BEHALF OF AN EMPLOYER, AND KNOWING OR HAVING REASON  TO  KNOW
 OF  A  FEDERAL,  STATE OR LOCAL LAW, STANDARD, RULE, ORDER OR REGULATION
 APPLICABLE TO A WORK PLACE SAFETY PROTOCOL  OR  PROCEDURE,  SUCH  PERSON
 IGNORES,  DISREGARDS  OR  FAILS TO COMPLY WITH SUCH LAW, STANDARD, RULE,
 ORDER OR REGULATION AND SUCH CONDUCT  CONTRIBUTES  DIRECTLY  TO  SERIOUS
 PHYSICAL  INJURY  TO  A WORKER ACTING PURSUANT TO SUCH WORKER'S ASSIGNED
 DUTIES.
   ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS  E
 FELONY.
 § 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
 DEGREE  WHEN, BEING AN EMPLOYER OR A PERSON ACTING IN A SUPERVISORY ROLE
 ON BEHALF OF AN EMPLOYER, AND KNOWING OR HAVING  REASON  TO  KNOW  OF  A
 FEDERAL,  STATE OR LOCAL LAW, STANDARD, RULE, ORDER OR REGULATION APPLI-
 CABLE TO A WORK PLACE SAFETY PROTOCOL OR PROCEDURE, SUCH PERSON IGNORES,
 DISREGARDS OR FAILS TO COMPLY WITH SUCH LAW, STANDARD,  RULE,  ORDER  OR
 REGULATION AND SUCH CONDUCT CONTRIBUTES DIRECTLY TO THE DEATH OF A WORK-
 ER ACTING PURSUANT TO SUCH WORKER'S ASSIGNED DUTIES.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE FIRST DEGREE IS A CLASS D
 FELONY.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2017-S4373A - Details

See Assembly Version of this Bill:: A10728
Current Committee:: Senate Codes
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: S3314, A4508
2021-2022: S621, A4947

2017-S4373A - Summary

2017-S4373A - Sponsor Memo

                                 BILL NUMBER:  S4373A

 TITLE OF BILL :  An act to amend the penal law, in relation to crimes
involving the death or injury of a worker

 PURPOSE :

This bill seeks to protect workers from employers and supervisors that
ignore, disregard or fail to comply with safety protocols by amending
the penal code to create a new Article 122 of the Penal Law -
Workplace Safety Offenses.

 SUMMARY OF PROVISIONS :

§ 1 - amends section 20.20 of the penal law relating to criminal
liability of corporations by adding a new Article 122 of the penal law
- workplace safety offenses - endangering the welfare of a workers in
the 1st, 2nd, or 3rd degree for which an agent of a corporation could
be guilty.

§ 2 - amends section a and b of subdivision 1 of section 80.10
relating to fines on corporation by adding fines for violations under
new article 122 of the Penal law. For felony offenses, the fine may be
up to $50,000. For misdemeanors offenses the fine may be up to
$25,000.

§ 3 - Creates a new Article 122 of the Penal Law - Workplace Safety
Offenses

§ 122.00 - endangering the welfare of a worker in the third degree -if
an employer or supervisor ignores, disregards or fails to comply with
workplace safety protocols or procedures; and that conduct exposes a
worker to bodily injury - punishable as a class A misdemeanor.

§ 122.05 - endangering the welfare of a worker in the second degree -
if an employer or supervisor ignores, disregards or fails to comply
with workplace safety protocols or procedures, and that conduct
exposes a worker to serious physical injury - punishable as a class E
felony.

§ 122.10 - endangering the welfare of a worker in the first degree -
if an employer or supervisor ignores, disregards or fails to comply
with workplace safety protocols or procedures, and that contributes
directly to the death of a worker - punishable as a class D felony.

§ 4 - effective date of 30 days after signed into law

 JUSTIFICATION :

Workplace deaths and serious injuries continue to be commonplace in
the construction industry. Of the more than 400,000 workplace
fatalities since Congress enacted the Occupational Safety and Health
Act (OSHA), fewer than 80 have been prosecuted, and only about a dozen
lead to convictions. That is roughly one conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was only $1,000 on average. Under the OSHA, the criminal
penalty is a Class B misdemeanor, and carries, at most, up to 6 months
imprisonment. The weakness of OSHA's punitive measures has therefore
failed to encourage safer work environments.

This bill would strengthen New York State's laws by creating a new
Article 122 of the Penal law of Workplace Safety Offenses increasing
both fines and penalties when an employer or supervisor ignores,
disregards or fails to comply with workplace safety protocols or
procedures, and that contributes directly to bodily injury, serious
physical injury of the death of a worker. -
 PRIOR LEGISLATIVE HISTORY :

2016 Session - New bill

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
30 days after being signed into law.

2017-S4373A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4373--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07355-07-7

 S. 4373--A                          2
 
   (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
 PROVIDED, HOWEVER, THAT WHEN THE CONVICTION  IS  OF  SECTION  122.10  OR
 122.15  OF  THIS  CHAPTER,  SUCH FINE MAY BE UP TO FIVE HUNDRED THOUSAND
 DOLLARS;
   (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 SECTION 122.05 OF THIS CHAPTER, SUCH FINE  MAY
 BE UP TO THREE HUNDRED THOUSAND DOLLARS;
   §  5.  The penal law is amended by adding a new article 122 to read as
 follows:
 
                                ARTICLE 122
                             WORKPLACE SAFETY
 SECTION 122.00 DEFINITIONS.
         122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
         122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
         122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
 § 122.00 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:
   1. "WORKER" MEANS A PERSON WHO IS PAID OR RECEIVES ANY COMPENSATION OR
 BENEFIT FOR LABOR, WHETHER AS AN EMPLOYEE, CONSULTANT, PRIVATE  CONTRAC-
 TOR OR OTHERWISE.
   2.  "WORKPLACE" MEANS A PLACE OF WORK OR WORK LOCATION THAT IS SUBJECT
 TO ONE OR MORE FEDERAL, STATE OR LOCAL LAWS, STANDARDS, RULES, ORDERS OR
 REGULATIONS THAT SETS FORTH A SAFETY PROTOCOL OR PROCEDURE  DESIGNED  TO
 OR THAT MAY HAVE THE EFFECT OF PROTECTING A WORKER.
 § 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
 DEGREE  WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
 WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE  OR  SHE
 EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE THIRD DEGREE IS A CLASS A
 MISDEMEANOR.
 § 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE  WELFARE  OF  A  WORKER  IN  THE
 SECOND  DEGREE  WHEN,  BEING THE EMPLOYER OF A WORKER WORKING AT A WORK-
 PLACE OR A PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN  EMPLOYER
 OF A WORKER WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE,
 HE  OR  SHE EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY
 CAUSES SERIOUS PHYSICAL INJURY TO SUCH WORKER.
   ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS  E
 FELONY.
 § 122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
 DEGREE  WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
 WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE  OR  SHE
 EXPOSES  SUCH WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY CAUSES THE
 DEATH OF SUCH WORKER.
   ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE IS A  CLASS  D
 FELONY.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2017-S4373B (ACTIVE) - Details

See Assembly Version of this Bill:: A10728
Current Committee:: Senate Codes
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: S3314, A4508
2021-2022: S621, A4947

2017-S4373B (ACTIVE) - Summary

2017-S4373B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4373B

 TITLE OF BILL :  An act to amend the penal law, in relation to crimes
involving the death or injury of a worker

 PURPOSE :

This bill seeks to protect workers from employers and supervisors that
ignore, disregard or fail to comply with safety protocols by amending
the penal code to create a new Article 122 of the Penal Law -
Workplace Safety Offenses.

 SUMMARY OF PROVISIONS :

§ 1 - amends section 20.20 of the penal law relating to criminal
liability of corporations by adding a new Article 122 of the penal law
- workplace safety offenses - endangering the welfare of a workers in
the 1st, 2nd, or 3rd degree for which an agent of a corporation could
be guilty.

§ 2 - amends section a and b of subdivision 1 of section 80.10
relating to fines on corporation by adding fines for violations under
new article 122 of the Penal law. For felony offenses, the fine may be
up to $50,000. For misdemeanors offenses the fine may be up to
$25,000.

§ 3 - Creates a new Article 122 of the Penal Law - Workplace Safety
Offenses

§ 122.00 - endangering the welfare of a worker in the third degree -if
an employer or supervisor ignores, disregards or fails to comply with
workplace safety protocols or procedures; and that conduct exposes a
worker to bodily injury - punishable as a class A misdemeanor.

§ 122.05 - endangering the welfare of a worker in the second degree -
if an employer or supervisor ignores, disregards or fails to comply
with workplace safety protocols or procedures, and that conduct
exposes a worker to serious physical injury - punishable as a class E
felony.

§ 122.10 - endangering the welfare of a worker in the first degree -
if an employer or supervisor ignores, disregards or fails to comply
with workplace safety protocols or procedures, and that contributes
directly to the death of a worker - punishable as a class D felony.

§ 4 - effective date of 30 days after signed into law

 JUSTIFICATION :

Workplace deaths and serious injuries continue to be commonplace in
the construction industry. Of the more than 400,000 workplace
fatalities since Congress enacted the Occupational Safety and Health
Act (OSHA), fewer than 80 have been prosecuted, and only about a dozen
lead to convictions. That is roughly one conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was only $1,000 on average. Under the OSHA, the criminal
penalty is a Class B misdemeanor, and carries, at most, up to 6 months
imprisonment. The weakness of OSHA's punitive measures has therefore
failed to encourage safer work environments.

This bill would strengthen New York State's laws by creating a new
Article 122 of the Penal law of Workplace Safety Offenses increasing
both fines and penalties when an employer or supervisor ignores,
disregards or fails to comply with workplace safety protocols or
procedures, and that contributes directly to bodily injury, serious
physical injury of the death of a worker. -
 PRIOR LEGISLATIVE HISTORY :

2016 Session - New bill

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
30 days after being signed into law.

2017-S4373B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4373--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by Sens. ALCANTARA, PERALTA -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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' 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
 POSITION OF AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED  OF  VIOLATING
 SECTION  122.10  OR 122.15 OF THIS CHAPTER, THE COURT MAY ORDER RESTITU-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07355-11-7

 S. 4373--B                          2
 
 TION 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 120.05,
 120.10, 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, SUCH FINE MAY BE UP TO FIVE
 HUNDRED THOUSAND DOLLARS;
   (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 SECTION 122.05 OF THIS CHAPTER, SUCH FINE MAY
 BE UP TO THREE HUNDRED THOUSAND DOLLARS;
   § 5. The penal law is amended by adding a new article 122 to  read  as
 follows:
 
                                ARTICLE 122
                             WORKPLACE SAFETY
 SECTION 122.00 DEFINITIONS.
         122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
         122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
         122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
 § 122.00 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:
   1.  "WORKER"  SHALL MEAN A PERSON WHO IS PAID, RECEIVES OR IS OWED ANY
 COMPENSATION, WAGES OR REMUNERATION FOR LABOR, WHETHER AS  AN  EMPLOYEE,
 CONSULTANT, INDEPENDENT CONTRACTOR OR OTHERWISE.
   2.  "WORKPLACE"  SHALL  MEAN A PLACE OF WORK OR WORK LOCATION, WHERE A
 WORKER PERFORMS WORK RELATED DUTIES, THAT IS  SUBJECT  TO  ONE  OR  MORE
 FEDERAL,  STATE  OR  LOCAL LAWS, STANDARDS, RULES, ORDERS OR REGULATIONS
 THAT SETS FORTH A SAFETY PROTOCOL OR PROCEDURE DESIGNED TO  ASSURE  SAFE
 AND HEALTHFUL WORKING CONDITIONS FOR WORKERS.
   3. "EMPLOYER" SHALL MEAN ANY PERSON, PARTNERSHIP, JOINT STOCK COMPANY,
 TRUST,  CORPORATION,  LIMITED  LIABILITY COMPANY OR ASSOCIATION OR OTHER
 BUSINESS ENTITY EMPLOYING ANY INDIVIDUAL IN  ANY  OCCUPATION,  INDUSTRY,
 TRADE,  BUSINESS  OR SERVICE AND SHALL ALSO MEAN AND INCLUDE ANY GENERAL
 CONTRACTOR, SUBCONTRACTOR OR  PERMIT  OR  LICENSE  HOLDER,  INVOLVED  OR
 FORMERLY INVOLVED, TO ANY DEGREE, IN THE PLANNING, CONTRACTING, DELIVERY
 OF GOODS OR SERVICES, THE HIRING OR SUPERVISING OF WORKERS, OR ANY SIMI-
 LAR ACTIVITY RELATING TO WORK AT A WORKPLACE.
   4.  "REMUNERATION"  SHALL  MEAN  COMMISSIONS, BONUSES, ANY BENEFITS IN
 LIEU OF CASH WAGES, REASONABLE MONEY  VALUE  OF  BOARD,  RENT,  HOUSING,
 LODGING, OR ANY SIMILAR BENEFIT.
 § 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
 DEGREE  WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
 WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE  OR  SHE
 EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE THIRD DEGREE IS A CLASS A
 MISDEMEANOR.
 § 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE  WELFARE  OF  A  WORKER  IN  THE
 SECOND  DEGREE  WHEN,  BEING THE EMPLOYER OF A WORKER WORKING AT A WORK-

 S. 4373--B                          3
 
 PLACE OR A PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN  EMPLOYER
 OF A WORKER WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE,
 HE  OR  SHE EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY
 CAUSES SERIOUS PHYSICAL INJURY TO SUCH WORKER.
   ENDANGERING  THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS E
 FELONY.
 § 122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
 DEGREE WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR  A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
 WORKING  AT  A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE
 EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY CAUSES  THE
 DEATH OF SUCH WORKER.
   ENDANGERING  THE  WELFARE OF A WORKER IN THE FIRST DEGREE IS A CLASS D
 FELONY.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S4373B

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2017-S4373 - Details

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2017-S4373A - Details

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2017-S4373B (ACTIVE) - Details

2017-S4373B (ACTIVE) - Summary

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Senate Bill S4373B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S4373 - Details

2017-S4373 - Summary

2017-S4373 - Sponsor Memo

2017-S4373 - Bill Text download pdf

co-Sponsors

2017-S4373A - Details

2017-S4373A - Summary

2017-S4373A - Sponsor Memo

2017-S4373A - Bill Text download pdf

co-Sponsors

2017-S4373B (ACTIVE) - Details

2017-S4373B (ACTIVE) - Summary

2017-S4373B (ACTIVE) - Sponsor Memo

2017-S4373B (ACTIVE) - Bill Text download pdf

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