Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 28, 2020 |
referred to codes delivered to assembly passed senate |
Jan 23, 2020 |
amended on third reading 6725a |
Jan 15, 2020 |
advanced to third reading |
Jan 14, 2020 |
2nd report cal. |
Jan 13, 2020 |
1st report cal.63 |
Jan 08, 2020 |
referred to codes |
Sep 18, 2019 |
referred to rules |
Senate Bill S6725A
2019-2020 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly 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
Actions
Votes
Bill Amendments
2019-S6725 - Details
2019-S6725 - Sponsor Memo
BILL NUMBER: S6725 SPONSOR: CARLUCCI TITLE OF BILL: An act to amend the penal law, in relation to the misappropriation of payroll funds PURPOSE OR GENERAL IDEA OF BILL:: The purpose of this bill is to establish the crime of misappropriation of payroll funds in New York. SUMMARY OF PROVISIONS:: Section one establishes the crime of Misappropriation of Payroll Funds Section two establishes corporate criminal liability for the crime of Misappropriation of Payroll Funds Section three establishes the effective date.
2019-S6725 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6725 2019-2020 Regular Sessions I N S E N A T E September 18, 2019 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to the misappropriation of payroll funds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 165.80 to read as follows: § 165.80 MISAPPROPRIATION OF PAYROLL FUNDS. A PERSON IS GUILTY OF MISAPPROPRIATION OF PAYROLL FUNDS WHEN HE OR SHE KNOWS THAT FUNDS ARE DESIGNATED FOR USE AS EMPLOYEE PAYROLL FUNDS OR AS PAYMENT OF PAYROLL TAXES, AND INTENTIONALLY PREVENTS THE FUNDS FROM BEING USED FOR THEIR DESIGNATED PURPOSE. MISAPPROPRIATION OF PAYROLL FUNDS IS A CLASS E FELONY. § 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 OR HER 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) MISAPPROPRIATION OF PAYROLL FUNDS AS DEFINED IN SECTION 165.80 OF THIS CHAPTER. § 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13785-01-9
2019-S6725A (ACTIVE) - Details
2019-S6725A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6725A SPONSOR: CARLUCCI TITLE OF BILL: An act to amend the penal law, in relation to the misappropriation of payroll funds PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish the crime of misappropriation of payroll funds in New York. SUMMARY OF PROVISIONS: Section one establishes the crime of Misappropriation of Payroll Funds. States that a delay in the transfer of funds when related to an investi- gation cannot be considered a misappropriation. Section two establishes corporate criminal liability for the crime of Misappropriation of Payroll Funds.
2019-S6725A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6725--A Cal. No. 63 2019-2020 Regular Sessions I N S E N A T E September 18, 2019 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- 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 the misappropriation of payroll funds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 165.80 to read as follows: § 165.80 MISAPPROPRIATION OF PAYROLL FUNDS. A PERSON IS GUILTY OF MISAPPROPRIATION OF PAYROLL FUNDS WHEN HE OR SHE KNOWS THAT FUNDS ARE DESIGNATED FOR USE AS EMPLOYEE PAYROLL FUNDS OR AS PAYMENT OF PAYROLL TAXES, AND INTENTIONALLY PREVENTS THE FUNDS FROM BEING USED FOR THEIR DESIGNATED PURPOSE. A DELAYED TRANSFER OF FUNDS, IN ACCORDANCE WITH AN AGREEMENT BETWEEN A PAYROLL PROCESSING COMPANY AND AN EMPLOYER FOR THE PURPOSE OF INVESTIGATING POTENTIALLY FRAUDULENT OR INCORRECT TRANSACTIONS, SHALL NOT CONSTITUTE MISAPPROPRIATION OF PAYROLL FUNDS. A PAYROLL PROCESSING COMPANY SHALL NOT BE RESPONSIBLE FOR AN EMPLOYER'S FAILURE TO PROVIDE SUFFICIENT FUNDS. MISAPPROPRIATION OF PAYROLL FUNDS IS A CLASS E FELONY. § 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 OR HER 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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