S T A T E O F N E W Y O R K
________________________________________________________________________
6694
2015-2016 Regular Sessions
I N A S S E M B L Y
March 30, 2015
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, in relation to limiting
liability for compensation in cases when the claim is made by an
employee who sustained his or her injury during the commission of
certain felonies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 10 of the workers' compensation
law, as amended by chapter 924 of the laws of 1990, is amended and a new
subdivision 5 is added to read as follows:
1. Every employer subject to this chapter shall in accordance with
this chapter, except as otherwise provided in section twenty-five-a
[hereof] OF THIS ARTICLE, secure compensation to his employees and pay
or provide compensation for their disability or death from injury aris-
ing out of and in the course of the employment without regard to fault
as a cause of the injury, except that there shall be no liability for
compensation under this chapter when the injury has been solely occa-
sioned by intoxication from alcohol or a controlled substance of the
injured employee while on duty; or by wilful intention of the injured
employee to bring about the injury or death of himself or another; OR BY
THE COMMISSION OF AN OFFENSE SPECIFIED IN SUBDIVISION FIVE OF THIS
SECTION; or where the injury was sustained in or caused by voluntary
participation in an off-duty athletic activity not constituting part of
the employee's work related duties unless the employer (a) requires the
employee to participate in such activity, (b) compensates the employee
for participating in such activity or (c) otherwise sponsors the activ-
ity.
5. THERE SHALL BE NO LIABILITY FOR COMPENSATION UNDER THIS CHAPTER
WHEN THE INJURY HAS BEEN SOLELY OCCASIONED THROUGH THE COMMISSION BY THE
INJURED EMPLOYEE OF AN OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03302-01-5
A. 6694 2
TY-TWO OR ELEVEN HUNDRED NINETY-TWO-A OF THE VEHICLE AND TRAFFIC LAW OR
AN OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-
ONE, ONE HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THE PENAL LAW OR
AN OFFENSE SPECIFIED IN SECTION 125.10 (CRIMINALLY NEGLIGENT HOMICIDE),
125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE), 125.12 (VEHICULAR
MANSLAUGHTER IN THE SECOND DEGREE), 125.13 (VEHICULAR MANSLAUGHTER IN
THE FIRST DEGREE), 125.14 (AGGRAVATED VEHICULAR HOMICIDE), 125.15
(MANSLAUGHTER IN THE SECOND DEGREE), 125.20 (MANSLAUGHTER IN THE FIRST
DEGREE), 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE), 125.22
(AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE), 125.25 (MURDER IN THE
SECOND DEGREE), 125.26 (AGGRAVATED MURDER) OR 125.27 (MURDER IN THE
FIRST DEGREE) OF THE PENAL LAW AND THE EMPLOYEE HAS BEEN CONVICTED OF
SUCH OFFENSE. ACQUITTAL OR DISMISSAL OF CHARGES RELATING TO THE OFFENSE
SHALL NOT GIVE RISE TO A PRESUMPTION THAT THE EMPLOYEE IS ELIGIBLE FOR
COMPENSATION UNDER THIS CHAPTER. AN EMPLOYER WHO TERMINATES OR REFUSES
TO PAY COMPENSATION TO AN EMPLOYEE UNTIL THE TERMINATION OF ANY PENDING
CRIMINAL PROCEEDINGS SHALL NOT BE LIABLE FOR ANY PENALTY UNDER THIS
CHAPTER FOR NON-PAYMENT OF COMPENSATION.
S 2. This act shall take effect immediately.