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
              

 S. 1325                             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.