senate Bill S6725A

2019-2020 Legislative Session

Establishes the crime of misappropriation of payroll funds

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Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

Jan 13, 2020 - Codes committee Vote

S6725
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S6725 - Details

Law Section:
Penal Law
Laws Affected:
Add §165.80, amd §20.20, Pen L

S6725 - Summary

Establishes the crime of misappropriation of payroll funds when a person 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.

S6725 - Sponsor Memo

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

S6725A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §165.80, amd §20.20, Pen L

S6725A (ACTIVE) - Summary

Establishes the crime of misappropriation of payroll funds when a person 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.

S6725A (ACTIVE) - Sponsor Memo

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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