assembly Bill A2966B

2017-2018 Legislative Session

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

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2017 referred to rules
delivered to senate
passed assembly
Jun 19, 2017 ordered to third reading rules cal.474
rules report cal.474
reported
reported referred to rules
Jun 14, 2017 print number 2966b
Jun 14, 2017 amend and recommit to codes
May 19, 2017 print number 2966a
May 19, 2017 amend (t) and recommit to codes
Jan 23, 2017 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2966 - Details

See Senate Version of this Bill:
S4373
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.15, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4508, S3314
2021-2022: A4947, S621

A2966 - 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.

A2966 - Bill Text download pdf


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

                                  2966

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2017
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  endangering the welfare of a worker

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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 SECTIONS 122.00, 122.05 OR 122.10 OF THIS CHAPTER.
  § 2. Paragraphs (a) and (b) of subdivision 1 of section 80.10  of  the
penal law, as amended by section 28 of subpart A of part H of chapter 55
of the laws of 2014, are amended to read as follows:
  (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
PROVIDED, HOWEVER, THAT WHEN THE CONVICTION IS OF A FELONY SPECIFIED  IN
ARTICLE  122  OF  THIS  CHAPTER,  SUCH FINE MAY BE UP TO FIVE TIMES SAID
AMOUNT;
  (b) Five thousand dollars, when the conviction is of a class A  misde-
meanor  or  of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;  PROVIDED,  HOWEVER,  THAT
WHEN THE CONVICTION IS OF A CLASS A MISDEMEANOR SPECIFIED IN ARTICLE 122
OF THIS CHAPTER, SUCH FINE MAY BE UP TO FIVE TIMES SAID AMOUNT;
  §  3.  The penal law is amended by adding a new article 122 to read as
follows:

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

Co-Sponsors

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Multi-Sponsors

A2966A - Details

See Senate Version of this Bill:
S4373
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.15, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4508, S3314
2021-2022: A4947, S621

A2966A - 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.

A2966A - Bill Text download pdf


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

                                 2966--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2017
                               ___________

Introduced by M. of A. MOYA, BARNWELL, MOSLEY, MONTESANO, BLAKE, CRESPO,
  RIVERA,  ROZIC, HYNDMAN, NIOU, GOTTFRIED, RICHARDSON, BRINDISI, BRABE-
  NEC,  SANTABARBARA,  PAULIN  --  Multi-Sponsored  by  --  M.   of   A.
  DE LA ROSA,  DenDEKKER, SIMON -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

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's 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 122.05, 122.10 OR 122.15 OF THIS CHAPTER.
  § 3. Subdivision five of section 60.27 of the penal law is amended  by
adding a new paragraph (c) to read as follows:
  (C) IF AN EMPLOYER OR PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF
AN  EMPLOYER  IS CONVICTED OF VIOLATING SECTION 122.10 OR 122.15 OF THIS
CHAPTER, THE COURT MAY ORDER RESTITUTION OR REPARATION IN EXCESS OF  THE
AMOUNTS SPECIFIED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
  §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
penal law, as amended by section 28 of subpart A of part H of chapter 55
of the laws of 2014, are amended to read as follows:
  (a) Ten  thousand  dollars,  when  the  conviction  is  of  a  felony;
PROVIDED,  HOWEVER,  THAT  WHEN  THE  CONVICTION IS OF SECTION 122.10 OR

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2966B (ACTIVE) - Details

See Senate Version of this Bill:
S4373
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.15, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4508, S3314
2021-2022: A4947, S621

A2966B (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.

A2966B (ACTIVE) - Bill Text download pdf


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

                                 2966--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2017
                               ___________

Introduced by M. of A. MOYA, BARNWELL, MOSLEY, MONTESANO, BLAKE, CRESPO,
  RIVERA,  ROZIC, HYNDMAN, NIOU, GOTTFRIED, RICHARDSON, BRINDISI, BRABE-
  NEC,  SANTABARBARA,  PAULIN  --  Multi-Sponsored  by  --  M.   of   A.
  DE LA ROSA,  DenDEKKER, SIMON -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

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 five 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

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