Bill Text: NY S03314 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2020-07-15 - AMENDED BY RESTORING TO PREVIOUS PRINT 3314A [S03314 Detail]
Download: New_York-2019-S03314-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3314--B 2019-2020 Regular Sessions IN SENATE February 5, 2019 ___________ Introduced by Sens. SANDERS, ADDABBO, BROOKS, GOUNARDES, HOYLMAN, JACK- SON, KAPLAN, KENNEDY, KRUEGER, PARKER, RIVERA, SAVINO, SKOUFIS, STAVI- SKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- 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 -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Carlos' law". 3 § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law, 4 as amended by chapter 671 of the laws of 1986, is amended to read as 5 follows: 6 (c) The conduct constituting the offense is engaged in by an agent of 7 the corporation while acting within the scope of his employment and in 8 behalf of the corporation, and the offense is (i) a misdemeanor or a 9 violation, (ii) one defined by a statute which clearly indicates a 10 legislative intent to impose such criminal liability on a corporation, 11 [or] (iii) any offense set forth in title twenty-seven of article seven- 12 ty-one of the environmental conservation law, or (iv) an offense set 13 forth in section 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11, 14 125.15, 125.20, 125.21, 125.22, 125.25, 125.26 or 125.27 of this 15 chapter. 16 § 3. Subdivision 5 of section 60.27 of the penal law is amended by 17 adding a new paragraph (c) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05844-04-0S. 3314--B 2 1 (c) If an employer, person acting in a supervisory role on behalf of 2 an employer, or as an agent, with delegated power, of a person in a 3 position of authority and responsibility is convicted of violating 4 section 122.10 or 122.15 of this chapter, the court may order restitu- 5 tion or reparation in excess of the amounts specified in paragraphs (a) 6 and (b) of this subdivision. 7 § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the 8 penal law, as amended by section 28 of subpart A of part H of chapter 55 9 of the laws of 2014, are amended to read as follows: 10 (a) Ten thousand dollars, when the conviction is of a felony; 11 provided, however, that when the conviction is of section 120.05, 12 120.10, 122.10, 122.15, 125.10, 125.11, 125.15, 125.20, 125.21, 125.22, 13 125.25, 125.26 or 125.27 of this chapter, such fine may be up to five 14 hundred thousand dollars; 15 (b) Five thousand dollars, when the conviction is of a class A misde- 16 meanor or of an unclassified misdemeanor for which a term of imprison- 17 ment in excess of three months is authorized; provided, however, that 18 when the conviction is of section 122.05 of this chapter, such fine may 19 be up to three hundred thousand dollars; 20 § 5. The penal law is amended by adding a new article 122 to read as 21 follows: 22 ARTICLE 122 23 WORKPLACE SAFETY 24 Section 122.00 Definitions. 25 122.05 Endangering the welfare of a worker in the third degree. 26 122.10 Endangering the welfare of a worker in the second degree. 27 122.15 Endangering the welfare of a worker in the first degree. 28 122.20 Enforcement. 29 § 122.00 Definitions. 30 For purposes of this article: 31 1. "Worker" shall mean a person who is paid, receives or is owed any 32 compensation, wages or remuneration for labor, whether as an employee, 33 consultant, independent contractor or otherwise. 34 2. "Workplace" shall mean a place of work or work location, where a 35 worker performs work related duties, that is subject to one or more 36 federal, state or local laws, standards, rules, orders or regulations 37 that sets forth a safety protocol or procedure designed to assure safe 38 and healthful working conditions for workers. 39 3. "Supervisor" shall mean any person, partnership, labor broker, 40 general contractor, joint stock company, trust, corporation, limited 41 liability company or association or other business entity employing any 42 individual in any occupation, industry, trade, business or service and 43 shall also mean and include any subcontractor or permit or license hold- 44 er, involved or formerly involved, to any degree, in the planning, 45 contracting, delivery of goods or services, the hiring or supervising of 46 workers, or any similar activity that exercises control over personnel 47 and/or the job site. 48 4. "Remuneration" shall mean commissions, bonuses, any benefits in 49 lieu of cash wages, reasonable money value of board, rent, housing, 50 lodging, or any similar benefit. 51 § 122.05 Endangering the welfare of a worker in the third degree. 52 A person is guilty of endangering the welfare of a worker in the third 53 degree when, being the supervisor of a worker working at a job site or a 54 person acting in a supervisory role on behalf of a supervisor of a work-S. 3314--B 3 1 er working at a job site, recklessly exposes such worker to a risk of 2 physical injury. 3 Endangering the welfare of a worker in the third degree is a class A 4 misdemeanor. 5 § 122.10 Endangering the welfare of a worker in the second degree. 6 A person is guilty of endangering the welfare of a worker in the 7 second degree when, being the supervisor of a worker working at a job 8 site or a person acting on behalf of a supervisor of a worker working at 9 a job site, recklessly exposes such worker to a risk of physical injury 10 and thereby causes serious physical injury to such worker. 11 Endangering the welfare of a worker in the second degree is a class E 12 felony. 13 § 122.15 Endangering the welfare of a worker in the first degree. 14 A person is guilty of endangering the welfare of a worker in the first 15 degree when, being the supervisor of a worker working at a job site or a 16 person acting on behalf of a supervisor of a worker working at a job 17 site, recklessly exposes such worker to a risk of physical injury and 18 thereby causes the death of such worker. 19 Endangering the welfare of a worker in the first degree is a class D 20 felony. 21 § 122.20 Enforcement. 22 The attorney general, along with the district attorney of the county 23 in which the offense was committed, shall have jurisdiction to prosecute 24 the offenses contained in this article. 25 § 6. This act shall take effect on the thirtieth day after it shall 26 have become a law.
