Assembly Bill A4508A

2019-2020 Legislative Session

Enacts Carlos' law; relates to crimes involving the death or injury of a worker

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A4508 - Details

See Senate Version of this Bill:
S3314
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2966, A10728, S4373
2021-2022: A4947, S621

2019-A4508 - Summary

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.

2019-A4508 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4508
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A. CRESPO, BICHOTTE, DE LA ROSA, EPSTEIN, SIMON,
   ORTIZ, PICHARDO, HYNDMAN, WILLIAMS, RIVERA, ARROYO --  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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as  amended  by  chapter  671 of the laws of 1986, 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
 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,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one  of  the  environmental  conservation law, OR (IV) AN OFFENSE SET
 FORTH IN SECTION 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
 125.15, 125.20,  125.21,  125.22,  125.25,  125.26  OR  125.27  OF  THIS
 CHAPTER.
   §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
 adding a new paragraph (c) to read as follows:
   (C) IF AN EMPLOYER, PERSON ACTING IN A SUPERVISORY ROLE ON  BEHALF  OF
 AN  EMPLOYER,  OR  AS  AN  AGENT, WITH DELEGATED POWER, OF A PERSON IN A
 POSITION OF AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED  OF  VIOLATING
 SECTION  122.10  OR 122.15 OF THIS CHAPTER, THE COURT MAY ORDER RESTITU-
 TION OR REPARATION IN EXCESS OF THE AMOUNTS SPECIFIED IN PARAGRAPHS  (A)
 AND (B) OF THIS SUBDIVISION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05844-01-9
              

co-Sponsors

multi-Sponsors

2019-A4508A (ACTIVE) - Details

See Senate Version of this Bill:
S3314
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2966, A10728, S4373
2021-2022: A4947, S621

2019-A4508A (ACTIVE) - Summary

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.

2019-A4508A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4508--A
                                                          Cal. No. 66
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A. CRESPO, BICHOTTE, DE LA ROSA, EPSTEIN, SIMON,
   ORTIZ, PICHARDO, HYNDMAN, WILLIAMS, RIVERA, ARROYO,  GRIFFIN,  HUNTER,
   COLTON,  TAYLOR,  D'URSO,  SAYEGH, McDONOUGH, PALUMBO, REYES, FRONTUS,
   FERNANDEZ -- Multi-Sponsored by -- M. of A. DenDEKKER -- read once and
   referred to  the  Committee  on  Codes  --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading
 
 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as amended by chapter 671 of the laws of 1986, 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
 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,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one of the environmental conservation law, OR  (IV)  AN  OFFENSE  SET
 FORTH IN SECTION 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
 125.15,  125.20,  125.21,  125.22,  125.25,  125.26  OR  125.27  OF THIS
 CHAPTER.
   § 3. Subdivision 5 of section 60.27 of the penal  law  is  amended  by
 adding a new paragraph (c) to read as follows:
   (C)  IF  AN EMPLOYER, PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF
 AN EMPLOYER, OR AS AN AGENT, WITH DELEGATED POWER,  OF  A  PERSON  IN  A
 POSITION  OF  AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED OF VIOLATING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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