Bill Text: NY S02832 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Adds wage theft to the types of activities included in the crime of larceny.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2023-09-06 - SIGNED CHAP.353 [S02832 Detail]

Download: New_York-2023-S02832-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2832

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced  by  Sens. BRESLIN, CLEARE, MATTERA, PARKER -- 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 wage theft

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of  section  155.00  of  the  penal  law,  as
     2  amended  by chapter 514 of the laws of 1986, is amended and a new subdi-
     3  vision 10 is added to read as follows:
     4    1. "Property" means any money, wages, personal property, real  proper-
     5  ty,  computer  data, computer program, thing in action, evidence of debt
     6  or contract, or any article, substance or thing of value, including  any
     7  gas,  steam,  water  or  electricity,  which is provided for a charge or
     8  compensation.
     9    10. "Workforce" means a group of one or more people providing services
    10  in exchange for wages for one person or entity.
    11    § 2. Subdivision 2 of section 155.05 of the penal law  is  amended  by
    12  adding a new paragraph (f) to read as follows:
    13    (f) By wage theft.
    14    A  person obtains property by wage theft when he or she agrees to hire
    15  a person to perform services and the person performs such  services  and
    16  the  defendant  withholds  such wages from said person. In a prosecution
    17  for wage theft, for the purposes of venue, it is permissible  to  aggre-
    18  gate  all  takings  from one person from one defendant, into one larceny
    19  count, even if the takings occurred in multiple  counties.  It  is  also
    20  permissible  to  aggregate  takings  from  a  workforce into one larceny
    21  count.
    22    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01997-01-3