senate Bill S1325

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 Via A1322 - Passed Senate & Assembly


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2023 returned to assembly
passed senate
3rd reading cal.93
substituted for s1325
Jan 25, 2023 substituted by a1322
Jan 17, 2023 ordered to third reading cal.93
Jan 11, 2023 referred to rules

S1325 (ACTIVE) - Details

See Assembly Version of this Bill:
A1322
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)

S1325 (ACTIVE) - Summary

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

S1325 (ACTIVE) - Sponsor Memo

S1325 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1325
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

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