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.
              
             
                          
                                                                            LBD07355-10-7
 A. 2966--B                          2
 
 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.
   §  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 120.05,
 120.10, 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, 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"  SHALL MEAN A PERSON WHO IS PAID, RECEIVES OR IS OWED ANY
 COMPENSATION, WAGES OR REMUNERATION FOR LABOR, WHETHER AS  AN  EMPLOYEE,
 CONSULTANT, INDEPENDENT CONTRACTOR OR OTHERWISE.
   2.  "WORKPLACE"  SHALL  MEAN A PLACE OF WORK OR WORK LOCATION, WHERE A
 WORKER PERFORMS WORK RELATED DUTIES, 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  ASSURE  SAFE
 AND HEALTHFUL WORKING CONDITIONS FOR WORKERS.
   3. "EMPLOYER" SHALL MEAN ANY PERSON, PARTNERSHIP, JOINT STOCK COMPANY,
 TRUST,  CORPORATION,  LIMITED  LIABILITY COMPANY OR ASSOCIATION OR OTHER
 BUSINESS ENTITY EMPLOYING ANY INDIVIDUAL IN  ANY  OCCUPATION,  INDUSTRY,
 TRADE,  BUSINESS  OR SERVICE AND SHALL ALSO MEAN AND INCLUDE ANY GENERAL
 CONTRACTOR, SUBCONTRACTOR OR  PERMIT  OR  LICENSE  HOLDER,  INVOLVED  OR
 FORMERLY INVOLVED, TO ANY DEGREE, IN THE PLANNING, CONTRACTING, DELIVERY
 OF GOODS OR SERVICES, THE HIRING OR SUPERVISING OF WORKERS, OR ANY SIMI-
 LAR ACTIVITY RELATING TO WORK AT A WORKPLACE.
   4.  "REMUNERATION"  SHALL  MEAN  COMMISSIONS, BONUSES, ANY BENEFITS IN
 LIEU OF CASH WAGES, REASONABLE MONEY  VALUE  OF  BOARD,  RENT,  HOUSING,
 LODGING, OR ANY SIMILAR BENEFIT.
 § 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. 2966--B                          3
 
   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.