Senate Bill S4009A

2021-2022 Legislative Session

Relates to wage theft

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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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Votes

Bill Amendments

2021-S4009 - Details

See Assembly Version of this Bill:
A2022
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4405, A6795
2023-2024: S2832, A154

2021-S4009 - Summary

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

2021-S4009 - Sponsor Memo

2021-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



              

co-Sponsors

2021-S4009A (ACTIVE) - Details

See Assembly Version of this Bill:
A2022
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4405, A6795
2023-2024: S2832, A154

2021-S4009A (ACTIVE) - Summary

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

2021-S4009A (ACTIVE) - Sponsor Memo

2021-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

              

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