Senate Bill S3314A

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S3314 - Details

See Assembly Version of this Bill:
A4508
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4373, A2966, A10728
2021-2022: S621, A4947

2019-S3314 - 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.

2019-S3314 - Sponsor Memo

2019-S3314 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3314
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens. SANDERS, BROOKS, KENNEDY, SAVINO -- 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05844-01-9
              

co-Sponsors

2019-S3314A (ACTIVE) - Details

See Assembly Version of this Bill:
A4508
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4373, A2966, A10728
2021-2022: S621, A4947

2019-S3314A (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.

2019-S3314A (ACTIVE) - Sponsor Memo

2019-S3314A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3314--A
     Cal. No. 216
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by Sens. SANDERS, BROOKS, JACKSON, KENNEDY, SAVINO, SKOUFIS,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed  to  the  Committee on Codes -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in 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
 SECTION 122.10 OR 122.15 OF THIS CHAPTER, THE COURT MAY  ORDER  RESTITU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S3314B - Details

See Assembly Version of this Bill:
A4508
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4373, A2966, A10728
2021-2022: S621, A4947

2019-S3314B - 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.

2019-S3314B - Sponsor Memo

2019-S3314B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3314--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by Sens. SANDERS, ADDABBO, BROOKS, GOUNARDES, HOYLMAN, JACK-
   SON, KAPLAN, KENNEDY, KRUEGER, PARKER, RIVERA, SAVINO, SKOUFIS, STAVI-
   SKY, THOMAS -- read twice and ordered printed, and when printed to  be
   committed  to  the  Committee on Codes -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- recommitted to the  Committee  on  Codes  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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