senate Bill S4373B

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • 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
Jan 03, 2018 referred to codes
Jun 15, 2017 print number 4373b
Jun 15, 2017 amend and recommit to codes
May 24, 2017 print number 4373a
May 24, 2017 amend (t) and recommit to codes
Feb 10, 2017 referred to codes

S4373 - Details

See Assembly Version of this Bill:
A10728
Current Committee:
Senate Codes
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: S3314, A4508
2021-2022: S621, A4947

S4373 - 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.

S4373 - Sponsor Memo

S4373 - Bill Text download pdf


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

                                  4373

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 10, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed to be committed 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

S4373A - Details

See Assembly Version of this Bill:
A10728
Current Committee:
Senate Codes
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: S3314, A4508
2021-2022: S621, A4947

S4373A - 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.

S4373A - Sponsor Memo

S4373A - Bill Text download pdf


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

                                 4373--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 10, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07355-07-7

Co-Sponsors

view additional co-sponsors

S4373B (ACTIVE) - Details

See Assembly Version of this Bill:
A10728
Current Committee:
Senate Codes
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: S3314, A4508
2021-2022: S621, A4947

S4373B (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.

S4373B (ACTIVE) - Sponsor Memo

S4373B (ACTIVE) - Bill Text download pdf


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

                                 4373--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 10, 2017
                               ___________

Introduced  by Sens. ALCANTARA, PERALTA -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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' 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
POSITION OF AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED  OF  VIOLATING
SECTION  122.10  OR 122.15 OF THIS CHAPTER, THE COURT MAY ORDER RESTITU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07355-11-7

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