Relates 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; defines term; authorizes court-ordered restitution in excess of certain statutory amounts; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
3992
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 1 of section 20.20 of the penal law is amended
2 by adding a new paragraph (c) to read as follows:
3 (c) "Unmarked worksite" means a site where a corporation or agent
4 thereof is engaged in the construction, renovation, or demolition of a
5 building or portion thereof, and where such corporation or agent has not
6 caused adequate signage to be posted to notify persons of such
7 construction, renovation, or demolition.
8 § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
9 as amended by chapter 61 of the laws of 2023, is amended to read as
10 follows:
11 (c) The conduct constituting the offense is engaged in by an agent of
12 the corporation while acting within the scope of [his] such agent's
13 employment and on behalf of the corporation, and the offense is (i) a
14 misdemeanor or a violation, (ii) one defined by a statute which clearly
15 indicates a legislative intent to impose such criminal liability on a
16 corporation, (iii) any offense set forth in title twenty-seven of arti-
17 cle seventy-one of the environmental conservation law, [or] (iv) [is] in
18 relation to a crime involving the death or serious physical injury of an
19 employee where the corporation acted negligently, recklessly, inten-
20 tionally, or knowingly, or (v) in relation to a crime involving the
21 death or serious physical injury of a person on an unmarked worksite
22 where the corporation acted negligently, recklessly, intentionally, or
23 knowingly.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07137-01-5
A. 3992 2
1 § 3. Paragraph (c) of subdivision 5 of section 60.27 of the penal law,
2 as amended by chapter 61 of the laws of 2023, is amended to read as
3 follows:
4 (c) If a corporation is found guilty of an offense involving the death
5 or serious physical injury of an employee, or of a person on an unmarked
6 worksite, in violation of subparagraph (iv) or (v) of paragraph (c) of
7 subdivision two of section 20.20 of this chapter, the court may order
8 restitution or reparation in excess of the amounts specified in para-
9 graphs (a) and (b) of this subdivision.
10 § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
11 penal law, as amended by chapter 61 of the laws of 2023, are amended to
12 read as follows:
13 (a) Ten thousand dollars, when the conviction is of a felony;
14 provided, however, that when the conviction is pursuant to subparagraph
15 (iv) or (v) of paragraph (c) of subdivision two of section 20.20 of this
16 chapter, such fine shall be fixed by the court and shall be no more than
17 five hundred thousand dollars;
18 (b) Five thousand dollars, when the conviction is of a class A misde-
19 meanor or of an unclassified misdemeanor for which a term of imprison-
20 ment in excess of three months is authorized; provided, however, that
21 when the conviction is pursuant to subparagraph (iv) or (v) of paragraph
22 (c) of subdivision two of section 20.20 of this chapter, such fine shall
23 be fixed by the court and shall be no more than three hundred thousand
24 dollars;
25 § 5. This act shall take effect on the first of January next succeed-
26 ing the date on which it shall have become a law.
