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A04508 Summary:

COSPNSRBichotte, De La Rosa, Epstein, Simon, Ortiz, Pichardo, Hyndman, Williams, Rivera, Arroyo, Griffin, Hunter, Colton, Taylor, D'Urso, Sayegh, McDonough, Palumbo, Reyes, Frontus, Fernandez, Jacobson, Cruz, Barron, Seawright, Barnwell, DenDekker, Richardson, Rozic, Benedetto, Solages, Lentol, Darling, Simotas, Brabenec, Byrne, Miller B, McMahon, Otis, Rosenthal L, Abinanti, Lupardo, Schmitt, Wallace, Glick
Amd §§20.20, 60.27 & 80.10, add Art 122 §§122.00 - 122.20, 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; establishes the crimes of endangering the welfare of a worker in the third, second and first degrees.
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A04508 Actions:

02/04/2019referred to codes
02/21/2019advanced to third reading cal.66
06/03/2019amended on third reading 4508a
01/08/2020ordered to third reading cal.171
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A04508 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the penal law, in relation to crimes involving the death or injury of a worker   PURPOSE OR GENERAL IDEA OF BILL: This bill seeks to protect workers from "supervisors" that negligently fail to comply with safety protocols by amending the penal code to created new offenses and substantially increasing the fines that can be imposed upon a corporate defendant convicted of certain crimes.   SUMMARY OF PROVISIONS: - Section one entitles this act as "Carlos' Law." - Section two amends paragraph (c) of subdivision 2 of section 20.20 of the penal law regarding corporate criminal liability. - Section three amends subdivision five of section 60.27 of the penal law by adding a new paragraph (c) to allow a court to order additional restitution to victims. - Section four amends paragraphs (a) and (b) of subdivision 1 of section 80.10 of the penal law to provide for increased fines against corpo- rations convicted of certain crimes. - Section five amends the penal law by adding a new article 122 titled Workplace Safety. This new title contains a section on definitions, section 122.00; a class A misdemeanor offense, endangering the welfare of a worker in the third degree, section 122.05; a class E felony offense, endangering the welfare of a worker in the second degree, section 122.10; and a class D felony offense, endangering the welfare of a worker in the first degree, section 122.15; section 122.20 enforce- ment. - Section 6 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The criminal actor in this article has been termed a supervisor. This is a defined term that captures a host of individuals and entities which exercise control over a job site. And, criminal jurisdiction has been expanded. The attorney general, as well as the district attorney having jurisdiction over the criminal conduct, may prosecute these offenses.   JUSTIFICATION: Workplace deaths and serious injuries continue to be commonplace in the construction industry. Of the more than 400,000 workplace fatalities since Congress enacted the Occupational Safety and Health Act (OSH Act), fewer than 80 have been prosecuted, and only about a dozen employers have been convicted. That is roughly 1-conviction for every 33,000 fatalities. In the few cases that have resulted in conviction, the penalty was only $1,000 on average. Under the OSH Act, the criminal penalty is considered as a Class B misdemeanor, and carries, at most, up to 6 months imprisonment. The weakness of OSH's punitive measures has therefore failed to encourage safer work environments. This bill would reinforce the purpose of the OSH Act by amending the penal code to include "endangering the welfare of the worker in the third degree", established as a class A misdemeanor, "endangering the welfare of the worker in the second degree", a class E felony, and "endangering the welfare of the worker in the first degree", a class D felony. This bill increases punitive measures so that employers and supervisors who ignore or fail to follow safety protocols and procedures and put workers at risk are less likely to write off serious workplace injuries as a minimal cost of doing business, and more likely to give workplace safety the serious attention it requires.   PRIOR LEGISLATIVE HISTORY: 2018: A.10728 (Espinal) - Passed Assembly; 2017: A.2966-B (Moya) - Passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
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