senate Bill S3314B

2019-2020 Legislative Session

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

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Sponsored By

Current 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 (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 21, 2020 print number 3314b
Feb 21, 2020 amend and recommit to codes
Jan 08, 2020 referred to codes
Jun 20, 2019 committed to rules
Jun 05, 2019 amended on third reading 3314a
Mar 06, 2019 advanced to third reading
Mar 05, 2019 2nd report cal.
Mar 04, 2019 1st report cal.216
Feb 05, 2019 referred to codes

Votes

view votes

Mar 4, 2019 - Codes committee Vote

S3314
9
1
committee
9
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 4, 2019

nay (1)
aye wr (3)

Co-Sponsors

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S3314 - Details

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 2017-2018 Legislative Session:
S4373

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.

S3314 - Sponsor Memo

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

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S3314A - Details

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 2017-2018 Legislative Session:
S4373

S3314A - 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.

S3314A - Sponsor Memo

S3314A - 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

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S3314B (ACTIVE) - Details

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 2017-2018 Legislative Session:
S4373

S3314B (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.

S3314B (ACTIVE) - Sponsor Memo

S3314B (ACTIVE) - 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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