The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4947
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  REYES  --  read once and
   referred 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.
                                                            LBD05189-01-1

 A. 4947                             2
 
   § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10  of  the
 penal law, as amended by section 28 of subpart A of part H of chapter 55
 of the laws of 2014, are amended to read as follows:
   (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
 PROVIDED, HOWEVER, THAT  WHEN  THE  CONVICTION  IS  OF  SECTION  120.05,
 120.10,  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, SUCH FINE MAY BE  UP  TO  FIVE
 HUNDRED THOUSAND DOLLARS;
   (b)  Five thousand dollars, when the conviction is of a class A misde-
 meanor or of an unclassified misdemeanor for which a term  of  imprison-
 ment  in  excess  of three months is authorized; PROVIDED, HOWEVER, THAT
 WHEN THE CONVICTION IS OF SECTION 122.05 OF THIS CHAPTER, SUCH FINE  MAY
 BE UP TO THREE HUNDRED THOUSAND DOLLARS;
   §  5.  The penal law is amended by adding a new article 122 to read as
 follows:
 
                                ARTICLE 122
                             WORKPLACE SAFETY
 SECTION 122.00 DEFINITIONS.
         122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
         122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
         122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
         122.20 ENFORCEMENT.
 § 122.00 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:
   1. "WORKER" SHALL MEAN A PERSON WHO IS PAID, RECEIVES OR IS  OWED  ANY
 COMPENSATION,  WAGES  OR REMUNERATION FOR LABOR, WHETHER AS AN EMPLOYEE,
 CONSULTANT, INDEPENDENT CONTRACTOR OR OTHERWISE.
   2. "WORKPLACE" SHALL MEAN A PLACE OF WORK OR WORK  LOCATION,  WHERE  A
 WORKER  PERFORMS  WORK  RELATED  DUTIES,  THAT IS SUBJECT TO ONE OR MORE
 FEDERAL, STATE OR LOCAL LAWS, STANDARDS, RULES,  ORDERS  OR  REGULATIONS
 THAT  SETS  FORTH A SAFETY PROTOCOL OR PROCEDURE DESIGNED TO ASSURE SAFE
 AND HEALTHFUL WORKING CONDITIONS FOR WORKERS.
   3. "SUPERVISOR" SHALL MEAN  ANY  PERSON,  PARTNERSHIP,  LABOR  BROKER,
 GENERAL  CONTRACTOR,  JOINT  STOCK  COMPANY, TRUST, CORPORATION, LIMITED
 LIABILITY COMPANY OR ASSOCIATION OR OTHER BUSINESS ENTITY EMPLOYING  ANY
 INDIVIDUAL  IN  ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE AND
 SHALL ALSO MEAN AND INCLUDE ANY SUBCONTRACTOR OR PERMIT OR LICENSE HOLD-
 ER, INVOLVED OR FORMERLY INVOLVED,  TO  ANY  DEGREE,  IN  THE  PLANNING,
 CONTRACTING, DELIVERY OF GOODS OR SERVICES, THE HIRING OR SUPERVISING OF
 WORKERS,  OR  ANY SIMILAR ACTIVITY THAT EXERCISES CONTROL OVER PERSONNEL
 AND/OR THE JOB SITE.
   4. "REMUNERATION" SHALL MEAN COMMISSIONS,  BONUSES,  ANY  BENEFITS  IN
 LIEU  OF  CASH  WAGES,  REASONABLE  MONEY VALUE OF BOARD, RENT, HOUSING,
 LODGING, OR ANY SIMILAR BENEFIT.
 § 122.05 ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE THIRD
 DEGREE WHEN, BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
 PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF A SUPERVISOR OF A WORK-
 ER WORKING AT A JOB SITE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE
 EXPOSES SUCH WORKER TO A RISK OF PHYSICAL INJURY.
   ENDANGERING THE WELFARE OF A WORKER IN THE THIRD DEGREE IS A  CLASS  A
 MISDEMEANOR.
 § 122.10 ENDANGERING THE WELFARE OF A WORKER IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY  OF  ENDANGERING  THE WELFARE OF A WORKER IN THE
 SECOND DEGREE WHEN, BEING THE SUPERVISOR OF A WORKER WORKING  AT  A  JOB

 A. 4947                             3
 
 SITE OR A PERSON ACTING ON BEHALF OF A SUPERVISOR OF A WORKER WORKING AT
 A  JOB SITE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE EXPOSES SUCH
 WORKER TO A RISK OF PHYSICAL INJURY AND THEREBY CAUSES SERIOUS  PHYSICAL
 INJURY TO SUCH WORKER.
   ENDANGERING  THE WELFARE OF A WORKER IN THE SECOND DEGREE IS A CLASS E
 FELONY.
 § 122.15 ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A WORKER IN THE FIRST
 DEGREE WHEN, BEING THE SUPERVISOR OF A WORKER WORKING AT A JOB SITE OR A
 PERSON ACTING ON BEHALF OF A SUPERVISOR OF A WORKER  WORKING  AT  A  JOB
 SITE, AND ACTING WITH CRIMINAL NEGLIGENCE, HE OR SHE EXPOSES SUCH WORKER
 TO  A RISK OF PHYSICAL INJURY AND THEREBY CAUSES THE DEATH OF SUCH WORK-
 ER.
   ENDANGERING THE WELFARE OF A WORKER IN THE FIRST DEGREE IS A  CLASS  D
 FELONY.
 § 122.20 ENFORCEMENT.
   THE  ATTORNEY  GENERAL, ALONG WITH THE DISTRICT ATTORNEY OF THE COUNTY
 IN WHICH THE OFFENSE WAS COMMITTED, SHALL HAVE JURISDICTION TO PROSECUTE
 THE OFFENSES CONTAINED IN THIS ARTICLE.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4947--A
                                                         Cal. No. 160
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, REYES, GRIFFIN, MEEKS, COLTON,
   ZINERMAN,  SIMON,  FRONTUS,  SAYEGH,  J. A. GIGLIO  --  read  once and
   referred to the Committee on Codes --  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on 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) IS IN RELATION  TO
 A CRIME INVOLVING THE DEATH OR INJURY OF A WORKER.
   §  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 A CORPORATION IS FOUND GUILTY OF AN OFFENSE INVOLVING THE DEATH
 OR INJURY OF A WORKER IN VIOLATION OF PARAGRAPH  (A),  (B),  OR  (C)  OF
 SUBDIVISION  TWO  OF  SECTION 20.20 OF THIS CHAPTER, THE COURT MAY ORDER
 RESTITUTION OR REPARATION IN EXCESS OF THE AMOUNTS  SPECIFIED  IN  PARA-
 GRAPHS (A) AND (B) OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05189-03-2
 A. 4947--A                          2

 
   §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
 penal law, as amended by section 28 of subpart A of part H of chapter 55
 of the laws of 2014, are amended to read as follows:
   (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
 PROVIDED, HOWEVER, THAT WHEN THE CONVICTION  IS  PURSUANT  TO  PARAGRAPH
 (A),  (B),  OR  (C) OF SUBDIVISION TWO OF SECTION 20.20 OF THIS CHAPTER,
 SUCH FINE SHALL BE FIXED BY THE COURT AND SHALL NOT BE  LESS  THAN  FIVE
 HUNDRED THOUSAND DOLLARS;
   (b)  Five thousand dollars, when the conviction is of a class A misde-
 meanor or of an unclassified misdemeanor for which a term  of  imprison-
 ment  in  excess  of three months is authorized; PROVIDED, HOWEVER, THAT
 WHEN THE CONVICTION IS PURSUANT TO PARAGRAPH (A), (B), OR (C) OF  SUBDI-
 VISION TWO OF SECTION 20.20 OF THIS CHAPTER, SUCH FINE SHALL BE FIXED BY
 THE COURT AND SHALL NOT BE LESS THAN THREE HUNDRED THOUSAND DOLLARS;
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.