S T A T E O F N E W Y O R K
________________________________________________________________________
1325
2023-2024 Regular Sessions
I N S E N A T E
January 11, 2023
___________
Introduced by Sen. SANDERS -- 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 crimes involving the death
or serious physical injury of an employee; and to amend a chapter of
the laws of 2022 amending the penal law relating to crimes involving
the death or injury of a worker, as proposed in legislative bills
numbers S. 621-B and A. 4947-B, in relation to the effectiveness
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 10.00 of the penal law is amended by adding a new
subdivision 22 to read as follows:
22. FOR THE PURPOSES OF SECTION 20.20 OF THIS PART AND SECTION 60.27
OF THIS CHAPTER, THE TERM "EMPLOYEE" SHALL MEAN ANY PERSON PROVIDING
LABOR OR SERVICES FOR REMUNERATION FOR A PRIVATE ENTITY OR BUSINESS
WITHIN NEW YORK STATE, WITHOUT REGARD TO AN INDIVIDUAL'S IMMIGRATION
STATUS, AND SHALL INCLUDE PART-TIME WORKERS, INDEPENDENT CONTRACTORS,
APPRENTICES, DOMESTIC WORKERS, HOME CARE AND PERSONAL CARE WORKERS, DAY
LABORERS, FARMWORKERS, AND OTHER TEMPORARY AND SEASONAL WORKERS.
§ 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
as amended by a chapter of the laws of 2022 amending the penal law
relating to crimes involving the death or injury of a worker, as
proposed in legislative bills numbers S. 621-B and A. 4947-B, 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]
ON 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,
(iii) any offense set forth in title twenty-seven of article seventy-one
of the environmental conservation law, or (iv) is in relation to a crime
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04304-01-3
S. 1325 2
involving the death or SERIOUS PHYSICAL injury of [a worker] AN EMPLOYEE
WHERE THE CORPORATION ACTED NEGLIGENTLY, RECKLESSLY, INTENTIONALLY, OR
KNOWINGLY.
§ 3. Paragraph (c) of subdivision 5 of section 60.27 of the penal law,
as added by a chapter of the laws of 2022 amending the penal law relat-
ing to crimes involving the death or injury of a worker, as proposed in
legislative bills numbers S. 621-B and A. 4947-B, is amended to read as
follows:
(c) If a corporation is found guilty of an offense involving the death
or SERIOUS PHYSICAL injury of [a worker] AN EMPLOYEE in violation of
SUBPARAGRAPH (IV) OF paragraph [(a), (b), or] (c) of subdivision two of
section 20.20 of this chapter, the court may order restitution or repa-
ration 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 a chapter of the laws of 2022 amending the
penal law relating to crimes involving the death or injury of a worker,
as proposed in legislative bills numbers S. 621-B and A. 4947-B, are
amended to read as follows:
(a) Ten thousand dollars, when the conviction is of a felony;
provided, however, that when the conviction is pursuant to SUBPARAGRAPH
(IV) OF paragraph [(a), (b), or] (c) of subdivision two of section 20.20
of this chapter, such fine shall be fixed by the court and shall [not]
be [less] NO MORE than five hundred thousand dollars [nor more than one
million 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 pursuant to SUBPARAGRAPH (IV) OF paragraph [(a),
(b), or] (c) of subdivision two of section 20.20 of this chapter, such
fine shall be fixed by the court and shall [not] be [less] NO MORE than
three hundred thousand dollars [nor more than five hundred thousand
dollars];
§ 5. Section 5 of a chapter of the laws of 2022 amending the penal law
relating to crimes involving the death or injury of a worker, as
proposed in legislative bills numbers S. 621-B and A. 4947-B, is amended
to read as follows:
§ 5. This act shall take effect on the [thirtieth] NINETIETH day after
it shall have become a law AND SHALL APPLY TO PROCEEDINGS COMMENCING ON
OR AFTER SUCH DATE.
§ 6. This act shall take effect immediately; provided, however, that
sections one, two, three and four of this act shall take effect on the
same date and in the same manner as a chapter of the laws of 2022 amend-
ing the penal law relating to crimes involving the death or injury of a
worker, as proposed in legislative bills numbers S. 621-B and A.
4947-B, takes effect.
