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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Feb 03, 2020 |
print number 8648a |
| Feb 03, 2020 |
amend and recommit to codes |
| Jan 08, 2020 |
referred to codes |
| Oct 02, 2019 |
referred to codes |
Assembly Bill A8648A
2019-2020 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status - In Assembly 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
Actions
Bill Amendments
2019-A8648 - Details
2019-A8648 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8648
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to the misappropriation of
payroll funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 165.80 to
read as follows:
§ 165.80 MISAPPROPRIATION OF PAYROLL FUNDS.
A PERSON IS GUILTY OF MISAPPROPRIATION OF PAYROLL FUNDS WHEN HE OR SHE
KNOWS THAT FUNDS ARE DESIGNATED FOR USE AS EMPLOYEE PAYROLL FUNDS OR AS
PAYMENT OF PAYROLL TAXES, AND INTENTIONALLY PREVENTS THE FUNDS FROM
BEING USED FOR THEIR DESIGNATED PURPOSE.
MISAPPROPRIATION OF PAYROLL FUNDS IS A CLASS E FELONY.
§ 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 OR HER 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) MISAPPROPRIATION
OF PAYROLL FUNDS AS DEFINED IN SECTION 165.80 OF THIS CHAPTER.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13785-01-9
2019-A8648A (ACTIVE) - Details
2019-A8648A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8648--A
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to the misappropriation of
payroll funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 165.80 to
read as follows:
§ 165.80 MISAPPROPRIATION OF PAYROLL FUNDS.
A PERSON IS GUILTY OF MISAPPROPRIATION OF PAYROLL FUNDS WHEN HE OR SHE
KNOWS THAT FUNDS ARE DESIGNATED FOR USE AS EMPLOYEE PAYROLL FUNDS OR AS
PAYMENT OF PAYROLL TAXES, AND INTENTIONALLY PREVENTS THE FUNDS FROM
BEING USED FOR THEIR DESIGNATED PURPOSE. A DELAYED TRANSFER OF FUNDS,
IN ACCORDANCE WITH AN AGREEMENT BETWEEN A PAYROLL PROCESSING COMPANY AND
AN EMPLOYER FOR THE PURPOSE OF INVESTIGATING POTENTIALLY FRAUDULENT OR
INCORRECT TRANSACTIONS, SHALL NOT CONSTITUTE MISAPPROPRIATION OF PAYROLL
FUNDS. A PAYROLL PROCESSING COMPANY SHALL NOT BE RESPONSIBLE FOR AN
EMPLOYER'S FAILURE TO PROVIDE SUFFICIENT FUNDS.
MISAPPROPRIATION OF PAYROLL FUNDS IS A CLASS E FELONY.
§ 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 OR HER 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) MISAPPROPRIATION
OF PAYROLL FUNDS AS DEFINED IN SECTION 165.80 OF THIS CHAPTER.
§ 3. This act shall take effect immediately.
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