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
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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.
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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.
