Bill Text: NY S06725 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-28 - referred to codes [S06725 Detail]

Download: New_York-2019-S06725-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6725

                               2019-2020 Regular Sessions

                    IN SENATE

                                   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:

     1    Section 1. The penal law is amended by adding a new section 165.80  to
     2  read as follows:
     3  § 165.80 Misappropriation of payroll funds.
     4    A person is guilty of misappropriation of payroll funds when he or she
     5  knows  that funds are designated for use as employee payroll funds or as
     6  payment of payroll taxes, and  intentionally  prevents  the  funds  from
     7  being used for their designated purpose.
     8    Misappropriation of payroll funds is a class E felony.
     9    § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
    10  as  amended  by  chapter  671 of the laws of 1986, is amended to read as
    11  follows:
    12    (c) The conduct constituting the offense is engaged in by an agent  of
    13  the  corporation  while acting within the scope of his or her employment
    14  and in behalf of the corporation, and the offense is (i)  a  misdemeanor
    15  or  a violation, (ii) one defined by a statute which clearly indicates a
    16  legislative intent to impose such criminal liability on  a  corporation,
    17  [or] (iii) any offense set forth in title twenty-seven of article seven-
    18  ty-one  of  the environmental conservation law, or (iv) misappropriation
    19  of payroll funds as defined in section 165.80 of this chapter.
    20    § 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