assembly Bill A10728

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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2018 referred to rules
delivered to senate
passed assembly
May 31, 2018 advanced to third reading cal.1077
reported
May 15, 2018 referred to codes

Co-Sponsors

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A10728 (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 2019-2020 Legislative Session:
A4508, S3314

A10728 (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.

A10728 (ACTIVE) - Bill Text download pdf


                    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

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