New York State Assembly

 
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A10728 Summary:

A10728 Actions:

A10728 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:05/31/2018AYE/NAY:19/0  Action: Favorable         
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Excused
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Excused
O'Donnell
Aye
Lavine
Aye
Perry
Excused
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

A10728 Floor Votes:

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.