STATE OF NEW YORK
________________________________________________________________________
4947--B
Cal. No. 160
2021-2022 Regular Sessions
IN ASSEMBLY
February 9, 2021
___________
Introduced by M. of A. BICHOTTE HERMELYN, REYES, GRIFFIN, MEEKS, COLTON,
ZINERMAN, SIMON, FRONTUS, SAYEGH, J. A. GIGLIO, GONZALEZ-ROJAS -- read
once and referred to the Committee on Codes -- ordered to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading -- again amended on third reading, ordered
reprinted, retaining its place on the order of third reading
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:
16 (c) If a corporation is found guilty of an offense involving the death
17 or injury of a worker in violation of paragraph (a), (b), or (c) of
18 subdivision two of section 20.20 of this chapter, the court may order
19 restitution or reparation in excess of the amounts specified in para-
20 graphs (a) and (b) of this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05189-04-2
A. 4947--B 2
1 § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
2 penal law, as amended by section 28 of subpart A of part H of chapter 55
3 of the laws of 2014, are amended to read as follows:
4 (a) Ten thousand dollars, when the conviction is of a felony;
5 provided, however, that when the conviction is pursuant to paragraph
6 (a), (b), or (c) of subdivision two of section 20.20 of this chapter,
7 such fine shall be fixed by the court and shall not be less than five
8 hundred thousand dollars nor more than one million dollars;
9 (b) Five thousand dollars, when the conviction is of a class A misde-
10 meanor or of an unclassified misdemeanor for which a term of imprison-
11 ment in excess of three months is authorized; provided, however, that
12 when the conviction is pursuant to paragraph (a), (b), or (c) of subdi-
13 vision two of section 20.20 of this chapter, such fine shall be fixed by
14 the court and shall not be less than three hundred thousand dollars nor
15 more than five hundred thousand dollars;
16 § 5. This act shall take effect on the thirtieth day after it shall
17 have become a law.
