The New York State Senate

 
                     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

 A. 1322                             2
 
 involving the death or SERIOUS PHYSICAL injury of [a worker] AN EMPLOYEE
 WHERE THE CORPORATION ACTED NEGLIGENTLY, RECKLESSLY,  INTENTIONALLY,  OR
 KNOWINGLY.
   § 3. Paragraph (c) of subdivision 5 of section 60.27 of the penal law,
 as  added by a chapter of the laws of 2022 amending the penal law relat-
 ing 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) If a corporation is found guilty of an offense involving the death
 or SERIOUS PHYSICAL injury of [a worker] AN  EMPLOYEE  in  violation  of
 SUBPARAGRAPH  (IV) OF paragraph [(a), (b), or] (c) of subdivision two of
 section 20.20 of this chapter, the court may order restitution or  repa-
 ration  in  excess of the amounts specified in paragraphs (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  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, 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 SUBPARAGRAPH
 (IV) OF 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] NO MORE 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 SUBPARAGRAPH (IV) OF 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] NO MORE than
 three hundred thousand dollars [nor  more  than  five  hundred  thousand
 dollars];
   § 5. Section 5 of 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:
   § 5. This act shall take effect on the [thirtieth] NINETIETH day after
 it shall have become a law AND SHALL APPLY TO PROCEEDINGS COMMENCING  ON
 OR AFTER SUCH DATE.
   §  6.  This act shall take effect immediately; provided, however, that
 sections one, two, three and four of this act shall take effect  on  the
 same date and in the same manner as a chapter of the laws of 2022 amend-
 ing  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, takes effect.