senate Bill S4009A

2021-2022 Legislative Session

Relates to wage theft

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 committed to rules
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 19, 2021 1st report cal.1216
May 10, 2021 print number 4009a
May 10, 2021 amend and recommit to codes
Feb 01, 2021 referred to codes

Votes

view votes

May 19, 2021 - Codes committee Vote

S4009A
11
1
committee
11
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 19, 2021

nay (1)
aye wr (1)

S4009 - Details

See Assembly Version of this Bill:
A2022
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S4405, A6795

S4009 - Summary

Adds wage theft to the types of activities included in the crime of larceny.

S4009 - Sponsor Memo

S4009 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4009
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 wage theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  155.00  of the penal law, as
 amended by chapter 514 of the laws of 1986, is amended and a new  subdi-
 vision 10 is added to read as follows:
   1.  "Property" means any money, WAGES, personal property, real proper-
 ty, computer data, computer program, thing in action, evidence  of  debt
 or  contract, or any article, substance or thing of value, including any
 gas, steam, water or electricity, which is  provided  for  a  charge  or
 compensation.
   10. "WORKFORCE" MEANS A GROUP OF ONE OR MORE PEOPLE PROVIDING SERVICES
 IN EXCHANGE FOR WAGES FOR ONE PERSON OR ENTITY.
   §  2.  Subdivision  2 of section 155.05 of the penal law is amended by
 adding a new paragraph (f) to read as follows:
   (F) BY WAGE THEFT.
   A PERSON OBTAINS PROPERTY BY WAGE THEFT  WHEN  HE  AGREES  TO  HIRE  A
 PERSON TO PERFORM SERVICES AND THE PERSON PERFORMS SUCH SERVICES AND THE
 DEFENDANT  WITHHOLDS  SUCH  WAGES FROM SAID PERSON. IN A PROSECUTION FOR
 WAGE THEFT, FOR THE PURPOSES OF VENUE, IT IS  PERMISSIBLE  TO  AGGREGATE
 ALL  TAKINGS FROM ONE PERSON FROM ONE DEFENDANT, INTO ONE LARCENY COUNT,
 EVEN IF THE TAKINGS OCCURRED IN MULTIPLE COUNTIES. IT IS ALSO  PERMISSI-
 BLE TO AGGREGATE TAKINGS FROM A WORKFORCE INTO ONE LARCENY COUNT.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06159-01-1


S4009A (ACTIVE) - Details

See Assembly Version of this Bill:
A2022
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S4405, A6795

S4009A (ACTIVE) - Summary

Adds wage theft to the types of activities included in the crime of larceny.

S4009A (ACTIVE) - Sponsor Memo

S4009A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4009--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation to wage theft

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  155.00  of  the  penal  law,  as
 amended  by chapter 514 of the laws of 1986, is amended and a new subdi-
 vision 10 is added to read as follows:
   1. "Property" means any money, WAGES, personal property, real  proper-
 ty,  computer  data, computer program, thing in action, evidence of debt
 or contract, or any article, substance or thing of value, including  any
 gas,  steam,  water  or  electricity,  which is provided for a charge or
 compensation.
   10. "WORKFORCE" MEANS A GROUP OF ONE OR MORE PEOPLE PROVIDING SERVICES
 IN EXCHANGE FOR WAGES FOR ONE PERSON OR ENTITY.
   § 2. Subdivision 2 of section 155.05 of the penal law  is  amended  by
 adding a new paragraph (f) to read as follows:
   (F) BY WAGE THEFT.
   A  PERSON OBTAINS PROPERTY BY WAGE THEFT WHEN HE OR SHE AGREES TO HIRE
 A PERSON TO PERFORM SERVICES AND THE PERSON PERFORMS SUCH  SERVICES  AND
 THE  DEFENDANT  WITHHOLDS  SUCH WAGES FROM SAID PERSON. IN A PROSECUTION
 FOR WAGE THEFT, FOR THE PURPOSES OF VENUE, IT IS PERMISSIBLE  TO  AGGRE-
 GATE  ALL  TAKINGS  FROM ONE PERSON FROM ONE DEFENDANT, INTO ONE LARCENY
 COUNT, EVEN IF THE TAKINGS OCCURRED IN MULTIPLE  COUNTIES.  IT  IS  ALSO
 PERMISSIBLE  TO  AGGREGATE  TAKINGS  FROM  A  WORKFORCE INTO ONE LARCENY
 COUNT.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06159-02-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.