Senate Bill S6725

2019-2020 Legislative Session

Establishes the crime of misappropriation of payroll funds

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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

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Bill Amendments

2019-S6725 - Details

See Assembly Version of this Bill:
A8648
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §165.80, amd §20.20, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3791, A2425
2023-2024: S7205, A3280

2019-S6725 - Summary

Establishes the crime of misappropriation of payroll funds when a person 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.

2019-S6725 - Sponsor Memo

2019-S6725 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6725
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 18, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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-S6725A (ACTIVE) - Details

See Assembly Version of this Bill:
A8648
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §165.80, amd §20.20, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3791, A2425
2023-2024: S7205, A3280

2019-S6725A (ACTIVE) - Summary

Establishes the crime of misappropriation of payroll funds when a person 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.

2019-S6725A (ACTIVE) - Sponsor Memo

2019-S6725A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6725--A
     Cal. No. 63
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 18, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  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  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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