The New York State Senate

                    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.

                                                           LBD07355-01-7

A. 2966                             2

                               ARTICLE 122
                        WORKPLACE SAFETY OFFENSES
SECTION 122.00 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
        122.05 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
        122.10 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
§ 122.00 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
DEGREE  WHEN, BEING AN EMPLOYER OR A PERSON ACTING IN A SUPERVISORY ROLE
ON BEHALF OF AN EMPLOYER, AND KNOWING OR HAVING  REASON  TO  KNOW  OF  A
FEDERAL,  STATE OR LOCAL LAW, STANDARD, RULE, ORDER OR REGULATION APPLI-
CABLE TO A WORK PLACE SAFETY PROTOCOL OR PROCEDURE, SUCH PERSON IGNORES,
DISREGARDS OR FAILS TO COMPLY WITH SUCH LAW, STANDARD,  RULE,  ORDER  OR
REGULATION  AND  SUCH CONDUCT DIRECTLY EXPOSES A WORKER, ACTING PURSUANT
TO SUCH WORKER'S ASSIGNED DUTIES, TO A RISK OF BODILY INJURY.
  ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE IS A  CLASS  A
MISDEMEANOR.
§ 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  ENDANGERING  THE WELFARE OF A WORKER IN THE
SECOND DEGREE WHEN, BEING AN EMPLOYER OR A PERSON ACTING IN A SUPERVISO-
RY ROLE ON BEHALF OF AN EMPLOYER, AND KNOWING OR HAVING REASON  TO  KNOW
OF  A  FEDERAL,  STATE OR LOCAL LAW, STANDARD, RULE, ORDER OR REGULATION
APPLICABLE TO A WORK PLACE SAFETY PROTOCOL  OR  PROCEDURE,  SUCH  PERSON
IGNORES,  DISREGARDS  OR  FAILS TO COMPLY WITH SUCH LAW, STANDARD, RULE,
ORDER OR REGULATION AND SUCH CONDUCT  CONTRIBUTES  DIRECTLY  TO  SERIOUS
PHYSICAL  INJURY  TO  A WORKER ACTING PURSUANT TO SUCH WORKER'S ASSIGNED
DUTIES.
  ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS  E
FELONY.
§ 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
DEGREE  WHEN, BEING AN EMPLOYER OR A PERSON ACTING IN A SUPERVISORY ROLE
ON BEHALF OF AN EMPLOYER, AND KNOWING OR HAVING  REASON  TO  KNOW  OF  A
FEDERAL,  STATE OR LOCAL LAW, STANDARD, RULE, ORDER OR REGULATION APPLI-
CABLE TO A WORK PLACE SAFETY PROTOCOL OR PROCEDURE, SUCH PERSON IGNORES,
DISREGARDS OR FAILS TO COMPLY WITH SUCH LAW, STANDARD,  RULE,  ORDER  OR
REGULATION AND SUCH CONDUCT CONTRIBUTES DIRECTLY TO THE DEATH OF A WORK-
ER ACTING PURSUANT TO SUCH WORKER'S ASSIGNED DUTIES.
  ENDANGERING  THE  WELFARE OF A WORKER IN THE FIRST DEGREE IS A CLASS D
FELONY.
  § 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                    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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07355-06-7

A. 2966--A                          2

122.15 OF THIS CHAPTER, SUCH FINE MAY BE UP  TO  FIVE  HUNDRED  THOUSAND
DOLLARS;
  (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 SECTION 122.05 OF THIS CHAPTER, SUCH FINE  MAY
BE UP TO THREE HUNDRED THOUSAND DOLLARS;
  §  5.  The penal law is amended by adding a new article 122 to read as
follows:

                               ARTICLE 122
                            WORKPLACE SAFETY
SECTION 122.00 DEFINITIONS.
        122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
        122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
        122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
§ 122.00 DEFINITIONS.
  FOR PURPOSES OF THIS ARTICLE:
  1. "WORKER" MEANS A PERSON WHO IS PAID OR RECEIVES ANY COMPENSATION OR
BENEFIT FOR LABOR, WHETHER AS AN EMPLOYEE, CONSULTANT, PRIVATE  CONTRAC-
TOR OR OTHERWISE.
  2.  "WORKPLACE" MEANS A PLACE OF WORK OR WORK LOCATION THAT IS SUBJECT
TO ONE OR MORE FEDERAL, STATE OR LOCAL LAWS, STANDARDS, RULES, ORDERS OR
REGULATIONS THAT SETS FORTH A SAFETY PROTOCOL OR PROCEDURE  DESIGNED  TO
OR THAT MAY HAVE THE EFFECT OF PROTECTING A WORKER.
§ 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
DEGREE  WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR A
PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE  OR  SHE
EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY.
  ENDANGERING  THE  WELFARE OF A WORKER IN THE THIRD DEGREE IS A CLASS A
MISDEMEANOR.
§ 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF ENDANGERING THE  WELFARE  OF  A  WORKER  IN  THE
SECOND  DEGREE  WHEN,  BEING THE EMPLOYER OF A WORKER WORKING AT A WORK-
PLACE OR A PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN  EMPLOYER
OF A WORKER WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE,
HE  OR  SHE EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY
CAUSES SERIOUS PHYSICAL INJURY TO SUCH WORKER.
  ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS  E
FELONY.
§ 122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
DEGREE  WHEN, BEING THE EMPLOYER OF A WORKER WORKING AT A WORKPLACE OR A
PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF AN EMPLOYER OF A WORKER
WORKING AT A WORKPLACE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE  OR  SHE
EXPOSES  SUCH WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY CAUSES THE
DEATH OF SUCH WORKER.
  ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE IS A  CLASS  D
FELONY.
  §  6.  This  act shall take effect on the thirtieth day after it shall
have become a law.