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Assembly Bill A6795

2019-2020 Legislative Session

Relates to wage theft

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Archive: Last Bill Status - In Assembly Committee

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2019-A6795 (ACTIVE) - Details

See Senate Version of this Bill:
S4405
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2022, S4009
2023-2024: A154, S2832

2019-A6795 (ACTIVE) - Summary

Adds wage theft to the types of activities included in the crime of larceny.

2019-A6795 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6795
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to wage theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  155.00  of the penal law, as
 amended by chapter 514 of the laws of 1986, is amended and a new  subdi-
 vision 10 is added to read as follows:
   1.  "Property" means any money, WAGES, personal property, real proper-
 ty, computer data, computer program, thing in action, evidence  of  debt
 or  contract, or any article, substance or thing of value, including any
 gas, steam, water or electricity, which is  provided  for  a  charge  or
 compensation.
   10. "WORKFORCE" MEANS A GROUP OF ONE OR MORE PEOPLE PROVIDING SERVICES
 IN EXCHANGE FOR WAGES FOR ONE PERSON OR ENTITY.
   §  2.  Subdivision  2 of section 155.05 of the penal law is amended by
 adding a new paragraph (f) to read as follows:
   (F) BY WAGE THEFT.
   A PERSON OBTAINS PROPERTY BY WAGE THEFT  WHEN  HE  AGREES  TO  HIRE  A
 PERSON TO PERFORM SERVICES AND THE PERSON PERFORMS SUCH SERVICES AND THE
 DEFENDANT  WITHHOLDS  SUCH  WAGES FROM SAID PERSON. IN A PROSECUTION FOR
 WAGE THEFT, FOR THE PURPOSES OF VENUE, IT IS  PERMISSIBLE  TO  AGGREGATE
 ALL  TAKINGS FROM ONE PERSON FROM ONE DEFENDANT, INTO ONE LARCENY COUNT,
 EVEN IF THE TAKINGS OCCURRED IN MULTIPLE COUNTIES. IT IS ALSO  PERMISSI-
 BLE TO AGGREGATE TAKINGS FROM A WORKFORCE INTO ONE LARCENY COUNT.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09504-01-9

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