NY State Senate Bill 2021-S621B

Archive: Last Bill Status Via A4947 - Passed Senate

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1628 substituted for s621b
Jun 02, 2022	substituted by a4947b
May 31, 2022	ordered to third reading cal.1628 committee discharged and committed to rules
May 25, 2022	print number 621b
May 25, 2022	amend and recommit to codes
May 10, 2022	print number 621a
May 10, 2022	amend and recommit to codes
Jan 05, 2022	referred to codes
Jun 10, 2021	committed to rules
May 05, 2021	advanced to third reading
May 04, 2021	2nd report cal.
May 03, 2021	1st report cal.860
Jan 06, 2021	referred to codes

Votes

- Jun 2, 2022 - Floor Vote
  A4947
  
  Aye
  
  60
  
  Nay
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 2, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (3)
      
      Akshar
      
      Oberacker
      
      Ritchie
  May 31, 2022 - Rules Committee Vote
  S621B
  
  Aye
  
  15
  
  Nay
  
  1
  
  Aye with Reservations
  
  4
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: May 31, 2022
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (1)
      
      Griffo
      
      aye wr (4)
      
      Boyle
      
      Gallivan
      
      Lanza
      
      Ritchie
      
      absent (1)
      
      O'Mara
  May 3, 2021 - Codes Committee Vote
  S621B
  
  Aye
  
  8
  
  Nay
  
  1
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: May 3, 2021
      
      aye (8)
      
      Bailey
      
      Benjamin
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Palumbo
      
      Savino
      
      nay (1)
      
      Akshar
      
      aye wr (4)
      
      Biaggi
      
      Brisport
      
      Gallivan
      
      O'Mara

Bill Amendments

Original

B (Active)

co-Sponsors

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2021-S621 - Details

See Assembly Version of this Bill:: A4947
Law Section:: Penal Law
Laws Affected:: Amd §§20.20, 60.27 & 80.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4373, A2966, A10728
2019-2020: S3314, A4508

2021-S621 - Summary

Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes.

2021-S621 - Sponsor Memo

                                
 
BILL NUMBER: S621

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the penal law, in relation to crimes involving the death
or injury of a worker

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to protect workers from "supervisors" that negligently
fail to comply with safety protocols by amending the penal code to
created new offenses and substantially increasing the fines that can be
imposed upon a corporate defendant convicted of certain crimes.

 
SUMMARY OF PROVISIONS:

-Section one entitles this act as "Carlos' Law."

-Section two amends paragraph (c) of subdivision 2 of section 20.20 of
the penal law regarding corporate criminal liability.

-Section three amends subdivision five of section 60.27 of the penal law
by adding a new paragraph (c) to allow a court to order additional
restitution to victims.

-Section four amends paragraphs (a) and (b) of subdivision 1 of section
80.10 of the penal law to provide for increased fines against corpo-
rations convicted of certain crimes.

-Section five amends the penal law by adding a new article 122 titled
Workplace Safety. This new title contains a section on definitions,
section 122.00; a class A misdemeanor offense, endangering the welfare
of a worker in the third degree, section 122.05; a class E felony
offense, endangering the welfare of a worker in the second degree,
section 122.10; and a class D felony offense, endangering the welfare of
a worker in the first degree, section 122.15; section 122.20 enforce-
ment.

-Section 6 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The criminal actor in this article has been termed a supervisor. This is
a defined term that captures a host of individuals and entities which
exercise control over a job site. And, criminal jurisdiction has been
expanded. The attorney general, as well as the district attorney having
jurisdiction over the criminal conduct, may prosecute these offenses.

 
JUSTIFICATION:

Workplace deaths and serious injuries continue to be commonplace in the
construction industry. Of the more than 400,000 workplace fatalities
since Congress enacted the Occupational Safety and Health Act (OSH Act),
fewer than 80 have been prosecuted, and only about a dozen employers
have been convicted. That is roughly 1-conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was only $1,000 on average. Under the OSH Act, the criminal
penalty is considered as a Class B misdemeanor, and carries, at most, up
to 6 months imprisonment. The weakness of OSH's punitive measures has
therefore failed to encourage safer work environments.

This bill would reinforce the purpose of the OSH Act by amending the
penal code to include "endangering the welfare of the worker in the
third degree", established as a class A misdemeanor, "endangering the
welfare of the worker in the second degree", a class E felony, and
"endangering the welfare of the worker in the first degree", a class D
felony.

This bill increases punitive measures so that employers and supervisors
who ignore or fail to follow safety protocols and procedures and put
workers at risk are less likely to write off serious workplace injuries
as a minimal cost of doing business, and more likely to give workplace
safety the serious attention it requires.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.10728 (Espinal) - Passed Assembly;
2017: A.2966-B (Moya) Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S621 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    621
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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.

                                                            LBD05189-01-1

 S. 621                              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

 S. 621                              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.

co-Sponsors

View additional co-sponsors

2021-S621A - Details

See Assembly Version of this Bill:: A4947
Law Section:: Penal Law
Laws Affected:: Amd §§20.20, 60.27 & 80.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4373, A2966, A10728
2019-2020: S3314, A4508

2021-S621A - Summary

Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes.

2021-S621A - Sponsor Memo

                                 
BILL NUMBER: S621A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the penal law, in relation to crimes involving the death
or injury of a worker

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to protect workers from corporations and their agents
that fail to comply with safety protocols by amending the penal code to
created new offenses and substantially increasing the fines that can be
imposed upon a corporate defendant convicted of certain crimes.

 
SUMMARY OF PROVISIONS:

-Section one entitles this act as "Carlos' Law."

-Section two amends paragraph (c) of subdivision 2 of section 20.20 of
the penal law regarding corporate criminal liability.

-Section three amends subdivision 5 of section 60.27 of the penal law 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.

-Section four - 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 misdemeanor or of an unclassified misdemeanor for which
a term of imprisonment in excess of three months is authorized;
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 three
hundred thousand dollars;

-Section 5 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The criminal actor in this article has been termed a supervisor. This is
a defined term that captures a host of individuals and entities which
exercise control over a job site. And, criminal jurisdiction has been
expanded. The attorney general, as well as the district attorney having
jurisdiction over the criminal conduct, may prosecute these offenses.

 
JUSTIFICATION:

Workplace deaths and serious injuries continue to be commonplace in the
construction industry. Of the more than 400,000 workplace fatalities
since Congress enacted the Occupational Safety and Health Act (OSH Act),
fewer than 80 have been prosecuted, and only about a dozen employers
have been convicted. That is roughly 1-conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was only $1,000 on average. Under the OSH Act, the criminal
penalty is considered as a Class B misdemeanor, and carries, at most, up
to 6 months imprisonment. The weakness of OSH's punitive measures has
therefore failed to encourage safer work environments.

This bill would reinforce the purpose of the OSH Act by amending the
penal code. This bill increases punitive measures so that corporations
and their agents who ignore or fail to follow safety protocols and
procedures and put workers at risk are less likely to write off serious
workplace injuries as a minimal cost of doing business, and more likely
to give workplace safety the serious attention it requires.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.10728 (Espinal) - Passed Assembly;

2017: A.2966-B (Moya) Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S621A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  621--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  SANDERS,  ADDABBO, BAILEY, BIAGGI, BOYLE, BROOKS,
   BROUK,  COMRIE,  GAUGHRAN,  GOUNARDES,  HARCKHAM,  HOYLMAN,   JACKSON,
   KAPLAN,  KENNEDY, KRUEGER, LIU, MAYER, PALUMBO, PARKER, RAMOS, RIVERA,
   SALAZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Codes  -- 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 committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05189-02-2
 S. 621--A                           2
 
 RESTITUTION  OR  REPARATION  IN EXCESS OF THE AMOUNTS SPECIFIED IN PARA-
 GRAPHS (A) AND (B) OF THIS SUBDIVISION.
   §  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.

co-Sponsors

View additional co-sponsors

2021-S621B (ACTIVE) - Details

See Assembly Version of this Bill:: A4947
Law Section:: Penal Law
Laws Affected:: Amd §§20.20, 60.27 & 80.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4373, A2966, A10728
2019-2020: S3314, A4508

2021-S621B (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.

2021-S621B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S621B

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the penal law, in relation to crimes involving the death
or injury of a worker

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to protect workers from corporations and their agents
that fail to comply with safety protocols by amending the penal code to
created new offenses and substantially increasing the fines that can be
imposed upon a corporate defendant convicted of certain crimes.

 
SUMMARY OF PROVISIONS:

-Section one entitles this act as "Carlos' Law."

-Section two amends paragraph (c) of subdivision 2 of section 20.20 of
the penal law regarding corporate criminal liability.

-Section three amends subdivision 5 of section 60.27 of the penal law 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.

-Section four - 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
cc) 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 and no more than one million dollars; (b) Five
thousand dollars, when the conviction is of a class A misdemeanor or of
an unclassified misdemeanor for which a term of imprisonment in excess
of three months is.authorized; 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 three
hundred thousand dollars and no more than five hundred thousand dollars;

-Section 5 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The criminal actor in this article has been termed a supervisor. This is
a defined term that captures a host of individuals and entities which
exercise control over a job site. And, criminal jurisdiction. has been
expanded. The attorney general, as well as the district attorney having
jurisdiction over the criminal conduct, may prosecute these offenses.

 
JUSTIFICATION:

Workplace deaths and serious injuries continue to be commonplace in the
construction industry. Of the more than 400,000 workplace fatalities
since Congress, enacted the Occupational Safety and Health Act (OSH
Act), fewer than 80 have been prosecuted, and only about a dozen employ-
ers have been convicted. That is roughly 1-conviction for every 33,000
fatalities. In the few cases that have resulted in conviction, the
penalty was only $1,000 on average. Under the OSH Act, the criminal
penalty is considered as a Class B misdemeanor, and carries, at most, up
to 6 months imprisonment. The weakness of OSH's punitive measures has
therefore failed to encourage safer work environments.

This bill would reinforce the purpose of the OSH Act by amending the
penal code. This bill increases punitive measures so that corporations
and their agents who ignore or fail to follow safety protocols and
procedures and put workers at risk are less likely to write off serious
workplace injuries as a minimal cost of doing business, and more likely
to give workplace safety the serious attention it requires.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.10728 (Espinal) - Passed Assembly;

2017: A.2966-B (Moya) Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S621B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  621--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  SANDERS,  ADDABBO, BAILEY, BIAGGI, BOYLE, BROOKS,
   BROUK,  COMRIE,  GAUGHRAN,  GOUNARDES,  HARCKHAM,  HOYLMAN,   JACKSON,
   KAPLAN, KENNEDY, KRUEGER, LIU, MATTERA, MAYER, PALUMBO, PARKER, RAMOS,
   RIVERA, SALAZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS, WEIK --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Codes -- 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  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05189-05-2

 S. 621--B                           2
 
   (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.
   §  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 NOR MORE THAN ONE MILLION 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  NOR
 MORE THAN FIVE HUNDRED THOUSAND DOLLARS;
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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