Senate Bill S621B

2021-2022 Legislative Session

Enacts Carlos' law; relates to crimes involving the death or injury of a worker

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Sponsored By

Archive: Last Bill Status Via A4947 - Passed Senate


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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co-Sponsors

2021-S621 - Details

See Assembly Version of this Bill:
A4947
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4373, A2966, A10728
2019-2020: S3314, A4508

2021-S621 - Summary

Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes.

2021-S621 - Sponsor Memo

2021-S621 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    621
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as amended by chapter 671 of the laws of 1986, is  amended  to  read  as
 follows:
   (c)  The conduct constituting the offense is engaged in by an agent of
 the corporation while acting within the scope of his employment  and  in
 behalf  of  the  corporation,  and the offense is (i) a misdemeanor or a
 violation, (ii) one defined by  a  statute  which  clearly  indicates  a
 legislative  intent  to impose such criminal liability on a corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one of the environmental conservation law, OR  (IV)  AN  OFFENSE  SET
 FORTH IN SECTION 120.05, 120.10, 122.05, 122.10, 122.15, 125.10, 125.11,
 125.15,  125.20,  125.21,  125.22,  125.25,  125.26  OR  125.27  OF THIS
 CHAPTER.
   § 3. Subdivision 5 of section 60.27 of the penal  law  is  amended  by
 adding a new paragraph (c) to read as follows:
   (C)  IF  AN EMPLOYER, PERSON ACTING IN A SUPERVISORY ROLE ON BEHALF OF
 AN EMPLOYER, OR AS AN AGENT, WITH DELEGATED POWER,  OF  A  PERSON  IN  A
 POSITION  OF  AUTHORITY  AND  RESPONSIBILITY  IS  CONVICTED OF VIOLATING
 SECTION 122.10 OR 122.15 OF THIS CHAPTER, THE COURT MAY  ORDER  RESTITU-
 TION  OR REPARATION IN EXCESS OF THE AMOUNTS SPECIFIED IN PARAGRAPHS (A)
 AND (B) OF THIS SUBDIVISION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S621A - Details

See Assembly Version of this Bill:
A4947
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4373, A2966, A10728
2019-2020: S3314, A4508

2021-S621A - Summary

Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes.

2021-S621A - Sponsor Memo

2021-S621A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  621--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  SANDERS,  ADDABBO, BAILEY, BIAGGI, BOYLE, BROOKS,
   BROUK,  COMRIE,  GAUGHRAN,  GOUNARDES,  HARCKHAM,  HOYLMAN,   JACKSON,
   KAPLAN,  KENNEDY, KRUEGER, LIU, MAYER, PALUMBO, PARKER, RAMOS, RIVERA,
   SALAZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS  --  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 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as  amended  by  chapter  671 of the laws of 1986, is amended to read as
 follows:
   (c) The conduct constituting the offense is engaged in by an agent  of
 the  corporation  while acting within the scope of his employment and in
 behalf of the corporation, and the offense is (i)  a  misdemeanor  or  a
 violation,  (ii)  one  defined  by  a  statute which clearly indicates a
 legislative intent to impose such criminal liability on  a  corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one  of the environmental conservation law, OR (IV) IS IN RELATION TO
 A CRIME INVOLVING THE DEATH OR INJURY OF A WORKER.
   § 3. Subdivision 5 of section 60.27 of the penal  law  is  amended  by
 adding a new paragraph (c) to read as follows:
   (C) IF A CORPORATION IS FOUND GUILTY OF AN OFFENSE INVOLVING THE DEATH
 OR  INJURY  OF  A  WORKER  IN VIOLATION OF PARAGRAPH (A), (B), OR (C) OF
 SUBDIVISION TWO OF SECTION 20.20 OF THIS CHAPTER, THE  COURT  MAY  ORDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S621B (ACTIVE) - Details

See Assembly Version of this Bill:
A4947
Law Section:
Penal Law
Laws Affected:
Amd §§20.20, 60.27 & 80.10, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4373, A2966, A10728
2019-2020: S3314, A4508

2021-S621B (ACTIVE) - Summary

Enacts Carlos' law; relates to crimes involving the death or injury of a worker; establishes higher fines for corporations who commit such crimes.

2021-S621B (ACTIVE) - Sponsor Memo

2021-S621B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  621--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Carlos' law".
   § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 as amended by chapter 671 of the laws of 1986, is  amended  to  read  as
 follows:
   (c)  The conduct constituting the offense is engaged in by an agent of
 the corporation while acting within the scope of his employment  and  in
 behalf  of  the  corporation,  and the offense is (i) a misdemeanor or a
 violation, (ii) one defined by  a  statute  which  clearly  indicates  a
 legislative  intent  to impose such criminal liability on a corporation,
 [or] (iii) any offense set forth in title twenty-seven of article seven-
 ty-one of the environmental conservation law, OR (IV) IS IN RELATION  TO
 A CRIME INVOLVING THE DEATH OR INJURY OF A WORKER.
   §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
 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
              

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