Bill Text: NY A04947 | 2021-2022 | General Assembly | Introduced

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

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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.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Passed) 2022-12-23 - approval memo.61 [A04947 Detail]

Download: New_York-2021-A04947-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4947

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2021
                                       ___________

        Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  REYES  --  read once and
          referred to the Committee on Codes

        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:
    18    (c)  If  an employer, person acting in a supervisory role on behalf of
    19  an employer, or as an agent, with delegated power,  of  a  person  in  a
    20  position  of  authority  and  responsibility  is  convicted of violating
    21  section 122.10 or 122.15 of this chapter, the court may  order  restitu-
    22  tion  or reparation in excess of the amounts specified in paragraphs (a)
    23  and (b) of this subdivision.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05189-01-1
        A. 4947                             2

     1    § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10  of  the
     2  penal law, as amended by section 28 of subpart A of part H of chapter 55
     3  of the laws of 2014, are amended to read as follows:
     4    (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
     5  provided, however, that  when  the  conviction  is  of  section  120.05,
     6  120.10,  122.10, 122.15, 125.10, 125.11, 125.15, 125.20, 125.21, 125.22,
     7  125.25, 125.26 or 125.27 of this chapter, such fine may be  up  to  five
     8  hundred thousand dollars;
     9    (b)  Five thousand dollars, when the conviction is of a class A misde-
    10  meanor or of an unclassified misdemeanor for which a term  of  imprison-
    11  ment  in  excess  of three months is authorized; provided, however, that
    12  when the conviction is of section 122.05 of this chapter, such fine  may
    13  be up to three hundred thousand dollars;
    14    §  5.  The penal law is amended by adding a new article 122 to read as
    15  follows:

    16                                 ARTICLE 122
    17                              WORKPLACE SAFETY
    18  Section 122.00 Definitions.
    19          122.05 Endangering the welfare of a worker in the third degree.
    20          122.10 Endangering the welfare of a worker in the second degree.
    21          122.15 Endangering the welfare of a worker in the first degree.
    22          122.20 Enforcement.
    23  § 122.00 Definitions.
    24    For purposes of this article:
    25    1. "Worker" shall mean a person who is paid, receives or is  owed  any
    26  compensation,  wages  or remuneration for labor, whether as an employee,
    27  consultant, independent contractor or otherwise.
    28    2. "Workplace" shall mean a place of work or work  location,  where  a
    29  worker  performs  work  related  duties,  that is subject to one or more
    30  federal, state or local laws, standards, rules,  orders  or  regulations
    31  that  sets  forth a safety protocol or procedure designed to assure safe
    32  and healthful working conditions for workers.
    33    3. "Supervisor" shall mean  any  person,  partnership,  labor  broker,
    34  general  contractor,  joint  stock  company, trust, corporation, limited
    35  liability company or association or other business entity employing  any
    36  individual  in  any occupation, industry, trade, business or service and
    37  shall also mean and include any subcontractor or permit or license hold-
    38  er, involved or formerly involved,  to  any  degree,  in  the  planning,
    39  contracting, delivery of goods or services, the hiring or supervising of
    40  workers,  or  any similar activity that exercises control over personnel
    41  and/or the job site.
    42    4. "Remuneration" shall mean commissions,  bonuses,  any  benefits  in
    43  lieu  of  cash  wages,  reasonable  money value of board, rent, housing,
    44  lodging, or any similar benefit.
    45  § 122.05 Endangering the welfare of a worker in the third degree.
    46    A person is guilty of endangering the welfare of a worker in the third
    47  degree when, being the supervisor of a worker working at a job site or a
    48  person acting in a supervisory role on behalf of a supervisor of a work-
    49  er working at a job site, and acting with criminal negligence, he or she
    50  exposes such worker to a risk of physical injury.
    51    Endangering the welfare of a worker in the third degree is a  class  A
    52  misdemeanor.
    53  § 122.10 Endangering the welfare of a worker in the second degree.
    54    A  person  is  guilty  of  endangering  the welfare of a worker in the
    55  second degree when, being the supervisor of a worker working  at  a  job
        A. 4947                             3

     1  site or a person acting on behalf of a supervisor of a worker working at
     2  a  job site, and acting with criminal negligence, he or she exposes such
     3  worker to a risk of physical injury and thereby causes serious  physical
     4  injury to such worker.
     5    Endangering  the welfare of a worker in the second degree is a class E
     6  felony.
     7  § 122.15 Endangering the welfare of a worker in the first degree.
     8    A person is guilty of endangering the welfare of a worker in the first
     9  degree when, being the supervisor of a worker working at a job site or a
    10  person acting on behalf of a supervisor of a worker  working  at  a  job
    11  site, and acting with criminal negligence, he or she exposes such worker
    12  to  a risk of physical injury and thereby causes the death of such work-
    13  er.
    14    Endangering the welfare of a worker in the first degree is a  class  D
    15  felony.
    16  § 122.20 Enforcement.
    17    The  attorney  general, along with the district attorney of the county
    18  in which the offense was committed, shall have jurisdiction to prosecute
    19  the offenses contained in this article.
    20    § 6. This act shall take effect on the thirtieth day  after  it  shall
    21  have become a law.