assembly Bill A1322

Signed By Governor
2023-2024 Legislative Session

Relates to crimes involving the death or serious physical injury of an employee

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed 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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2023 signed chap.61
delivered to governor
Jan 25, 2023 returned to assembly
passed senate
3rd reading cal.93
substituted for s1325
Jan 24, 2023 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.55
rules report cal.55
reported
reported referred to rules
Jan 17, 2023 referred to codes

A1322 (ACTIVE) - Details

See Senate Version of this Bill:
S1325
Law Section:
Penal Law
Laws Affected:
Amd §§10.00, 20.20, 60.27 & 80.10, Pen L; amd §5, Chap of 2022 (as proposed in S.621-B & A.4947-B)

A1322 (ACTIVE) - Summary

Relates to crimes involving the death or serious physical injury of an employee; defines employee; updates the effectiveness of such provisions.

A1322 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1322
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to crimes involving the death
   or serious physical injury of an employee; and to amend a  chapter  of
   the  laws  of 2022 amending the penal law relating to crimes involving
   the death or injury of a worker,  as  proposed  in  legislative  bills
   numbers  S.    621-B  and  A. 4947-B, in relation to the effectiveness
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 10.00 of the penal law is amended by adding a new
 subdivision 22 to read as follows:
   22. FOR THE PURPOSES OF SECTION 20.20 OF THIS PART AND  SECTION  60.27
 OF  THIS  CHAPTER,  THE  TERM "EMPLOYEE" SHALL MEAN ANY PERSON PROVIDING
 LABOR OR SERVICES FOR REMUNERATION FOR  A  PRIVATE  ENTITY  OR  BUSINESS
 WITHIN  NEW  YORK  STATE,  WITHOUT REGARD TO AN INDIVIDUAL'S IMMIGRATION
 STATUS, AND SHALL INCLUDE PART-TIME  WORKERS,  INDEPENDENT  CONTRACTORS,
 APPRENTICES,  DOMESTIC WORKERS, HOME CARE AND PERSONAL CARE WORKERS, DAY
 LABORERS, FARMWORKERS, AND OTHER TEMPORARY AND SEASONAL WORKERS.
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as amended by a chapter of the laws  of  2022  amending  the  penal  law
 relating  to  crimes  involving  the  death  or  injury  of a worker, as
 proposed in legislative bills numbers S. 621-B and A. 4947-B, 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]
 ON  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,
 (iii) any offense set forth in title twenty-seven of article seventy-one
 of the environmental conservation law, or (iv) is in relation to a crime
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04304-01-3