Assembly Bill A3992

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3992
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in  relation  to  criminal  liability  of
   corporations whose negligence, recklessness, or intentional or knowing
   acts  cause  the  death  or physical injury of a person on an unmarked
   worksite

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 20.20 of the penal law is amended
 by adding a new paragraph (c) to read as follows:
   (C) "UNMARKED WORKSITE" MEANS A SITE  WHERE  A  CORPORATION  OR  AGENT
 THEREOF  IS  ENGAGED IN THE CONSTRUCTION, RENOVATION, OR DEMOLITION OF A
 BUILDING OR PORTION THEREOF, AND WHERE SUCH CORPORATION OR AGENT HAS NOT
 CAUSED  ADEQUATE  SIGNAGE  TO  BE  POSTED  TO  NOTIFY  PERSONS  OF  SUCH
 CONSTRUCTION, RENOVATION, OR DEMOLITION.
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as  amended  by  chapter  61  of the laws of 2023, 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] SUCH AGENT'S
 employment and 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 arti-
 cle seventy-one of the environmental conservation law, [or] (iv) [is] in
 relation to a crime involving the death or serious physical injury of an
 employee where the corporation  acted  negligently,  recklessly,  inten-
 tionally,  or  knowingly,  OR  (V)  IN RELATION TO A CRIME INVOLVING THE
 DEATH OR SERIOUS PHYSICAL INJURY OF A PERSON  ON  AN  UNMARKED  WORKSITE
 WHERE  THE  CORPORATION ACTED NEGLIGENTLY, RECKLESSLY, INTENTIONALLY, OR
 KNOWINGLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07137-01-5
              

 A. 3992                             2
 
   § 3. Paragraph (c) of subdivision 5 of section 60.27 of the penal law,
 as amended by chapter 61 of the laws of 2023,  is  amended  to  read  as
 follows:
   (c) If a corporation is found guilty of an offense involving the death
 or serious physical injury of an employee, OR OF A PERSON ON AN UNMARKED
 WORKSITE,  in  violation of subparagraph (iv) OR (V) of paragraph (c) of
 subdivision two of section 20.20 of this chapter, the  court  may  order
 restitution  or  reparation  in excess of the amounts specified in para-
 graphs (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 chapter 61 of the laws of 2023, 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) OR (V) of paragraph (c) of subdivision two of section 20.20 of this
 chapter, such fine shall be fixed by the court and shall be no more than
 five hundred thousand 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) OR (V) of paragraph
 (c) of subdivision two of section 20.20 of this chapter, such fine shall
 be  fixed  by the court and shall be no more than three hundred thousand
 dollars;
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.