The New York State Senate

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

                                 4508--A
                                                         Cal. No. 66

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced  by  M.  of  A. CRESPO, BICHOTTE, DE LA ROSA, EPSTEIN, SIMON,
  ORTIZ, PICHARDO, HYNDMAN, WILLIAMS, RIVERA, ARROYO,  GRIFFIN,  HUNTER,
  COLTON,  TAYLOR,  D'URSO,  SAYEGH, McDONOUGH, PALUMBO, REYES, FRONTUS,
  FERNANDEZ -- Multi-Sponsored by -- M. of A. DenDEKKER -- read once and
  referred to  the  Committee  on  Codes  --  reported  from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

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

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

                      [ ] is old law to be omitted.
                                                           LBD05844-02-9

A. 4508--A                          2

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.
        122.20 ENFORCEMENT.
§ 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.  "SUPERVISOR"  SHALL  MEAN  ANY  PERSON, PARTNERSHIP, LABOR BROKER,
GENERAL CONTRACTOR, 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 SUBCONTRACTOR OR PERMIT OR LICENSE HOLD-
ER,  INVOLVED  OR  FORMERLY  INVOLVED,  TO  ANY DEGREE, IN THE PLANNING,
CONTRACTING, DELIVERY OF GOODS OR SERVICES, THE HIRING OR SUPERVISING OF
WORKERS, OR ANY SIMILAR ACTIVITY THAT EXERCISES CONTROL  OVER  PERSONNEL
AND/OR THE JOB SITE.
  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 SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF A SUPERVISOR OF A WORK-
ER WORKING AT A JOB SITE, 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.

A. 4508--A                          3

§ 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 SUPERVISOR OF A WORKER WORKING  AT  A  JOB
SITE OR A PERSON ACTING ON BEHALF OF A SUPERVISOR OF A WORKER WORKING AT
A  JOB SITE, 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 SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
PERSON ACTING ON BEHALF OF A SUPERVISOR OF A WORKER  WORKING  AT  A  JOB
SITE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE EXPOSES SUCH WORKER
TO  A RISK OF PHYSICAL INJURY AND THEREBY CAUSES THE DEATH OF SUCH WORK-
ER.
  ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE IS A  CLASS  D
FELONY.
§ 122.20 ENFORCEMENT.
  THE  ATTORNEY  GENERAL, ALONG WITH THE DISTRICT ATTORNEY OF THE COUNTY
IN WHICH THE OFFENSE WAS COMMITTED, SHALL HAVE JURISDICTION TO PROSECUTE
THE OFFENSES CONTAINED IN THIS ARTICLE.
  § 6. This act shall take effect on the thirtieth day  after  it  shall
have become a law.