The New York State Senate

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

                                  10728

                          I N  A S S E M B L Y

                              May 15, 2018
                               ___________

Introduced  by M. of A. ESPINAL -- read once and referred to the Commit-
  tee on Codes

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 5 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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD07355-12-8

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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  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.

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  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.