S00621 Summary:

BILL NOS00621B
 
SAME ASSAME AS A04947-B
 
SPONSORSANDERS
 
COSPNSRADDABBO, BAILEY, BIAGGI, BOYLE, BROOKS, BROUK, COMRIE, GAUGHRAN, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MATTERA, MAYER, PALUMBO, PARKER, RAMOS, RIVERA, SALAZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS, WEIK
 
MLTSPNSR
 
Amd §§20.20, 60.27 & 80.10, 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.
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S00621 Actions:

BILL NOS00621B
 
01/06/2021REFERRED TO CODES
05/03/20211ST REPORT CAL.860
05/04/20212ND REPORT CAL.
05/05/2021ADVANCED TO THIRD READING
06/10/2021COMMITTED TO RULES
01/05/2022REFERRED TO CODES
05/10/2022AMEND AND RECOMMIT TO CODES
05/10/2022PRINT NUMBER 621A
05/25/2022AMEND AND RECOMMIT TO CODES
05/25/2022PRINT NUMBER 621B
05/31/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/31/2022ORDERED TO THIRD READING CAL.1628
06/02/2022SUBSTITUTED BY A4947B
 A04947 AMEND=B Bichotte Hermelyn
 02/09/2021referred to codes
 05/12/2021reported
 05/13/2021advanced to third reading cal.364
 05/19/2021passed assembly
 05/19/2021delivered to senate
 05/19/2021REFERRED TO CODES
 01/05/2022DIED IN SENATE
 01/05/2022RETURNED TO ASSEMBLY
 01/05/2022ordered to third reading cal.160
 05/11/2022amended on third reading 4947a
 05/25/2022amended on third reading 4947b
 06/01/2022passed assembly
 06/01/2022delivered to senate
 06/01/2022REFERRED TO RULES
 06/02/2022SUBSTITUTED FOR S621B
 06/02/20223RD READING CAL.1628
 06/02/2022PASSED SENATE
 06/02/2022RETURNED TO ASSEMBLY
 12/12/2022delivered to governor
 12/23/2022signed chap.746
 12/23/2022approval memo.61
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S00621 Committee Votes:

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S00621 Floor Votes:

There are no votes for this bill in this legislative session.
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S00621 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         621--B
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens.  SANDERS,  ADDABBO, BAILEY, BIAGGI, BOYLE, BROOKS,
          BROUK,  COMRIE,  GAUGHRAN,  GOUNARDES,  HARCKHAM,  HOYLMAN,   JACKSON,
          KAPLAN, KENNEDY, KRUEGER, LIU, MATTERA, MAYER, PALUMBO, PARKER, RAMOS,
          RIVERA, SALAZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS, WEIK --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Codes -- recommitted to the  Committee  on  Codes  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee
 
        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) is in relation  to
    13  a crime involving the death or injury of a worker.
    14    §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
    15  adding a new paragraph (c) to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05189-05-2

        S. 621--B                           2
 
     1    (c) If a corporation is found guilty of an offense involving the death
     2  or injury of a worker in violation of paragraph  (a),  (b),  or  (c)  of
     3  subdivision  two  of  section 20.20 of this chapter, the court may order
     4  restitution or reparation in excess of the amounts  specified  in  para-
     5  graphs (a) and (b) of this subdivision.
     6    §  4.  Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
     7  penal law, as amended by section 28 of subpart A of part H of chapter 55
     8  of the laws of 2014, are amended to read as follows:
     9    (a) Ten  thousand  dollars,  when  the  conviction  is  of  a  felony;
    10  provided,  however,  that  when  the conviction is pursuant to paragraph
    11  (a), (b), or (c) of subdivision two of section 20.20  of  this  chapter,
    12  such  fine  shall  be fixed by the court and shall not be less than five
    13  hundred thousand dollars nor more than one million dollars;
    14    (b) Five thousand dollars, when the conviction is of a class A  misde-
    15  meanor  or  of an unclassified misdemeanor for which a term of imprison-
    16  ment in excess of three months is authorized;  provided,  however,  that
    17  when  the conviction is pursuant to paragraph (a), (b), or (c) of subdi-
    18  vision two of section 20.20 of this chapter, such fine shall be fixed by
    19  the court and shall not be less than three hundred thousand dollars  nor
    20  more than five hundred thousand dollars;
    21    §  5.  This  act shall take effect on the thirtieth day after it shall
    22  have become a law.
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