A02425 Summary:

BILL NOA02425
 
SAME ASSAME AS S03791
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Add 165.80, amd 20.20, Pen L
 
Establishes the crime of misappropriation of payroll funds when a person knows that funds are designated for use as employee payroll funds or as payment of payroll taxes, and intentionally prevents the funds from being used for their designated purpose.
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A02425 Actions:

BILL NOA02425
 
01/19/2021referred to codes
01/05/2022referred to codes
05/23/2022reported referred to rules
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A02425 Committee Votes:

CODES Chair:Dinowitz DATE:05/23/2022AYE/NAY:21/0 Action: Favorable refer to committee Rules
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
AbinantiAye
WeprinAye
HevesiAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye
CarrollAye

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A02425 Floor Votes:

There are no votes for this bill in this legislative session.
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A02425 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2425
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT  to  amend the penal law, in relation to the misappropriation of
          payroll funds
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 165.80 to
     2  read as follows:
     3  § 165.80 Misappropriation of payroll funds.
     4    A person is guilty of misappropriation of payroll funds when he or she
     5  knows that funds are designated for use as employee payroll funds or  as
     6  payment  of  payroll  taxes,  and  intentionally prevents the funds from
     7  being used for their designated purpose.  A delayed transfer  of  funds,
     8  in accordance with an agreement between a payroll processing company and
     9  an  employer  for the purpose of investigating potentially fraudulent or
    10  incorrect transactions, shall not constitute misappropriation of payroll
    11  funds. A payroll processing company shall  not  be  responsible  for  an
    12  employer's failure to provide sufficient funds.
    13    Misappropriation of payroll funds is a class E felony.
    14    § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
    15  as  amended  by  chapter  671 of the laws of 1986, is amended to read as
    16  follows:
    17    (c) The conduct constituting the offense is engaged in by an agent  of
    18  the  corporation  while acting within the scope of his or her employment
    19  and in behalf of the corporation, and the offense is (i)  a  misdemeanor
    20  or  a violation, (ii) one defined by a statute which clearly indicates a
    21  legislative intent to impose such criminal liability on  a  corporation,
    22  [or] (iii) any offense set forth in title twenty-seven of article seven-
    23  ty-one  of  the environmental conservation law, or (iv) misappropriation
    24  of payroll funds as defined in section 165.80 of this chapter.
    25    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05742-01-1
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