senate Bill S1817

2011-2012 Legislative Session

Requires notification of actions of perpetrator of crime in workplace to former employer or workplace

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Jan 13, 2011 referred to labor

S1817 - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง27-b, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S5152

S1817 - Bill Texts

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Requires notification of actions of perpetrator of crime in workplace to former employer or workplace.

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BILL NUMBER:S1817

TITLE OF BILL:
An act
to amend the labor law, in relation to preventing workplace violence

PURPOSE:
Requires notification of actions of perpetrator of crime in
workplace to former employer or workplace

SUMMARY OF PROVISIONS:
Paragraph A of subdivision 2
of section 27-B of
the Labor Law, as added by Chapter 82 of the laws of 2006 is amended.

Section 27-B of the Labor Law is amended by adding a new subdivision 7.

JUSTIFICATION:
The purpose of this bill is to notify an employer or
workplace when a former employee is released from incarceration or
has violated his/her probation or parole, if the original crime was
committed in the workplace and the employer was responsible for
calling the police.

This bill would safeguard employers and employees from potential
retaliation from former employees who have committed workplace
violence or crimes in the workplace. Notifying an employer would
enable a workplace to take the proper measures or precautions to
protect themselves and their employees.

This bill is in response to the murder of Joanne O'Brien, who had been
shot by a disgruntled former employee she fired 18 months earlier in
2004. After firing the employee, child pornography was found on his
workplace computer and he was convicted as a sex offender and given
10 years probation. He violated his probation and felt as though he
was already going to jail. As a result, he decided to shoot his three
former bosses and then take his own life.

LEGISLATIVE HISTORY:
2009 - Died in Labor Committee
2010 - Died in Labor Committee

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1817

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor  law,  in  relation  to  preventing  workplace
  violence

  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
"Joanne's law".
  S 2. Paragraph a of subdivision 2 of section 27-b of the labor law, as
added by chapter 82 of the laws of 2006, is amended to read as follows:
  a. "Employer" means: (1) ANY PRIVATE OR NON-MUNICIPAL INDUSTRY, TRADE,
OCCUPATION  OR PROCESS; (2) the state; [(2)] (3) a political subdivision
of the state, provided, however that this subdivision shall not mean any
employer as defined in section twenty-eight hundred one-a of the  educa-
tion  law;  and  [(3)]  (4)  a public authority, a public benefit corpo-
ration, or any other governmental agency or instrumentality thereof.
  S 3. Section 27-b of the labor law is amended by adding a new subdivi-
sion 7 to read as follows:
  7. NOTIFICATION OF ACTIONS OF CRIME PERPETRATORS. THE PROPER  AUTHORI-
TIES  HAVING  JURISDICTION  OF  A  PERSON WHO HAS COMMITTED A CRIME IN A
WORKPLACE SHALL NOTIFY THE FORMER EMPLOYER OF SAID PERSON OR  THE  WORK-
PLACE  WHERE  HE  OR  SHE  WAS  EMPLOYED IF SAID PERSON IS RELEASED FROM
INCARCERATION OR HAS VIOLATED THE PROVISIONS OF HIS OR HER PROBATION  OR
PAROLE.  A  WORKPLACE  SHALL  BE  NOTIFIED  ABOVE  ONLY IF THE CRIME WAS
COMMITTED IN THE WORKPLACE AND THE EMPLOYER WAS RESPONSIBLE FOR  NOTIFY-
ING  THE  PROPER  POLICE  AGENCY  OF THE COMMISSION OF SAID CRIME.  THIS
SECTION SHALL APPLY TO THE RELEASE OF OR VIOLATION BY, AS STATED  PREVI-
OUSLY,  AN  EMPLOYEE  OR A VISITOR TO THE WORKPLACE WHERE SAID CRIME WAS
COMMITTED AND SAID PERSON COMMITTED SAID CRIME.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06915-01-1

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