•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A10728 Summary:

BILL NOA10728
 
SAME ASSAME AS S04373-B
 
SPONSOREspinal
 
COSPNSREpstein, Simon, Ortiz, Pichardo, Hyndman
 
MLTSPNSR
 
Amd 20.20, 60.27 & 80.10, add Art 122 122.00 - 122.15, Pen L
 
Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes; establishes the crimes of endangering the welfare of a worker in the third, second and first degrees.
Go to top    

A10728 Actions:

BILL NOA10728
 
05/15/2018referred to codes
05/31/2018reported
05/31/2018advanced to third reading cal.1077
Go to top

A10728 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10728
 
SPONSOR: Espinal
  TITLE OF BILL: An act to amend the penal law, in relation to crimes involving the death or injury of a worker   PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to protect workers from employers and supervisors that negligently fail to comply with safety protocols by amending the penal code to created new offenses and substantially increasing the fines that can be imposed upon a corporate defendant convicted of certain crimes.   SUMMARY OF PROVISIONS: Section one entitles this act as "Carlos' Law." Section two amends paragraph (c) of subdivision 2 of section 20.20 of the penal law regarding corporate criminal liability. Section three amends subdivision five of section 60.27 of the penal law by adding a new paragraph (c) to allow a court to order additional restitution to victims. Section four amends paragraphs (a) and (b) of subdivision 1 of section 80.10 of the penal law to provide for increased fines against corpo- rations convicted of certain crimes. Section five amends the penal law by adding a new article 122 titled Workplace Safety. This new title contains a section on definitions, section 122.00; a class A misdemeanor offense, endangering the welfare of a worker in the third degree, section 122.05; a class E felony offense, endangering the welfare of a worker in the second degree, section 122.10; and a class D felony offense, endangering the welfare of a worker in the first degree, section 122.15. Section 6 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Not applicable.   JUSTIFICATION: Workplace deaths and serious injuries continue to be commonplace in the construction industry. Of the more than 400,000 workplace fatalities since Congress enacted the Occupational Safety and Health Act (OSH Act), fewer than 80 have been prosecuted, and only about a dozen employers have been convicted. That is roughly 1 conviction for every 33,000 fatalities. In the few cases that have resulted in conviction, the penalty was only $1,000 on average. Under the OSH Act, the criminal penalty is considered as a Class B misdemeanor, and carries, at most, up to 6 months imprisonment. The weakness of OSH's punitive measures has therefore failed to encourage safer work environments. This bill would reinforce the purpose of the OSH Act by amending the penal code to include "endangering the welfare of the worker in the third degree", established as a class A misdemeanor, "endangering the welfare of the worker in the second degree", a class E felony, and "endangering the welfare of the worker in the first degree", a class D felony. This bill increases punitive measures so that employers and supervisors who ignore or fail to follow safety protocols and procedures and put workers at risk are less likely to write off serious workplace injuries as a minimal cost of doing business, and more likely to give workplace safety the serious attention it requires.   PRIOR LEGISLATIVE HISTORY: 2017: A.2966b (Moya) Passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
Go to top

A10728 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10728
 
                   IN ASSEMBLY
 
                                      May 15, 2018
                                       ___________
 
        Introduced  by M. of A. ESPINAL -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the penal law, in relation to crimes involving the death
          or injury of a worker
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Carlos' law".
     3    § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
     4  as amended by chapter 671 of the laws of 1986, is  amended  to  read  as
     5  follows:
     6    (c)  The conduct constituting the offense is engaged in by an agent of
     7  the corporation while acting within the scope of his employment  and  in
     8  behalf  of  the  corporation,  and the offense is (i) a misdemeanor or a
     9  violation, (ii) one defined by  a  statute  which  clearly  indicates  a
    10  legislative  intent  to impose such criminal liability on a corporation,
    11  [or] (iii) any offense set forth in title twenty-seven of article seven-
    12  ty-one of the environmental conservation law, or  (iv)  an  offense  set
    13  forth in section 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
    14  125.15,  125.20,  125.21,  125.22,  125.25,  125.26  or  125.27  of this
    15  chapter.
    16    § 3. Subdivision 5 of section 60.27 of the penal  law  is  amended  by
    17  adding a new paragraph (c) to read as follows:
    18    (c)  If  an employer, person acting in a supervisory role on behalf of
    19  an employer, or as an agent, with delegated power,  of  a  person  in  a
    20  position  of  authority  and  responsibility  is  convicted of violating
    21  section 122.10 or 122.15 of this chapter, the court may  order  restitu-
    22  tion  or reparation in excess of the amounts specified in paragraphs (a)
    23  and (b) of this subdivision.
    24    § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10  of  the
    25  penal law, as amended by section 28 of subpart A of part H of chapter 55
    26  of the laws of 2014, are amended to read as follows:
    27    (a)  Ten  thousand  dollars,  when  the  conviction  is  of  a felony;
    28  provided, however, that  when  the  conviction  is  of  section  120.05,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07355-12-8

        A. 10728                            2
 
     1  120.10,  122.10, 122.15, 125.10, 125.11, 125.15, 125.20, 125.21, 125.22,
     2  125.25, 125.26 or 125.27 of this chapter, such fine may be  up  to  five
     3  hundred thousand dollars;
     4    (b)  Five thousand dollars, when the conviction is of a class A misde-
     5  meanor or of an unclassified misdemeanor for which a term  of  imprison-
     6  ment  in  excess  of three months is authorized; provided, however, that
     7  when the conviction is of section 122.05 of this chapter, such fine  may
     8  be up to three hundred thousand dollars;
     9    §  5.  The penal law is amended by adding a new article 122 to read as
    10  follows:
 
    11                                 ARTICLE 122
    12                              WORKPLACE SAFETY
    13  Section 122.00 Definitions.
    14          122.05 Endangering the welfare of a worker in the third degree.
    15          122.10 Endangering the welfare of a worker in the second degree.
    16          122.15 Endangering the welfare of a worker in the first degree.
    17  § 122.00 Definitions.
    18    For purposes of this article:
    19    1. "Worker" shall mean a person who is paid, receives or is  owed  any
    20  compensation,  wages  or remuneration for labor, whether as an employee,
    21  consultant, independent contractor or otherwise.
    22    2. "Workplace" shall mean a place of work or work  location,  where  a
    23  worker  performs  work  related  duties,  that is subject to one or more
    24  federal, state or local laws, standards, rules,  orders  or  regulations
    25  that  sets  forth a safety protocol or procedure designed to assure safe
    26  and healthful working conditions for workers.
    27    3. "Employer" shall mean any person, partnership, joint stock company,
    28  trust, corporation, limited liability company or  association  or  other
    29  business  entity  employing  any individual in any occupation, industry,
    30  trade, business or service and shall also mean and include  any  general
    31  contractor,  subcontractor  or  permit  or  license  holder, involved or
    32  formerly involved, to any degree, in the planning, contracting, delivery
    33  of goods or services, the hiring or supervising of workers, or any simi-
    34  lar activity relating to work at a workplace.
    35    4. "Remuneration" shall mean commissions,  bonuses,  any  benefits  in
    36  lieu  of  cash  wages,  reasonable  money value of board, rent, housing,
    37  lodging, or any similar benefit.
    38  § 122.05 Endangering the welfare of a worker in the third degree.
    39    A person is guilty of endangering the welfare of a worker in the third
    40  degree when, being the employer of a worker working at a workplace or  a
    41  person acting in a supervisory role on behalf of an employer of a worker
    42  working  at  a workplace, and acting with criminal negligence, he or she
    43  exposes such worker to a risk of physical injury.
    44    Endangering the welfare of a worker in the third degree is a  class  A
    45  misdemeanor.
    46  § 122.10 Endangering the welfare of a worker in the second degree.
    47    A  person  is  guilty  of  endangering  the welfare of a worker in the
    48  second degree when, being the employer of a worker working  at  a  work-
    49  place  or a person acting in a supervisory role on behalf of an employer
    50  of a worker working at a workplace, and acting with criminal negligence,
    51  he or she exposes such worker to a risk of physical injury  and  thereby
    52  causes serious physical injury to such worker.
    53    Endangering  the welfare of a worker in the second degree is a class E
    54  felony.
    55  § 122.15 Endangering the welfare of a worker in the first degree.

        A. 10728                            3
 
     1    A person is guilty of endangering the welfare of a worker in the first
     2  degree when, being the employer of a worker working at a workplace or  a
     3  person acting in a supervisory role on behalf of an employer of a worker
     4  working  at  a workplace, and acting with criminal negligence, he or she
     5  exposes  such worker to a risk of physical injury and thereby causes the
     6  death of such worker.
     7    Endangering the welfare of a worker in the first degree is a  class  D
     8  felony.
     9    §  6.  This  act shall take effect on the thirtieth day after it shall
    10  have become a law.
Go to top