New York A 3992: Relates to criminal liability of corporations whose negligence, recklessness, or intentional or knowing acts cause the death or physical injury of a person on an unmarked worksite

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A03992 Summary:

BILL NOA03992 

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SAME ASNo Same As

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SPONSORTapia

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COSPNSR

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MLTSPNSR

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Amd §§20.20, 60.27 & 80.10, Pen L

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Relates to criminal liability of corporations whose negligence, recklessness, or intentional or knowing acts cause the death or physical injury of a person on an unmarked worksite; defines term; authorizes court-ordered restitution in excess of certain statutory amounts; makes related provisions.

Go to top A03992 Actions:

BILL NOA03992 

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01/30/2025referred to codes

01/07/2026referred to codes

Go to topA03992 Committee&nbspVotes:

Go to topA03992 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03992 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3992

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. TAPIA -- read once and referred to the Committee
 on Codes

 AN ACT to amend the penal law, in relation to criminal liability of
 corporations whose negligence, recklessness, or intentional or knowing
 acts cause the death or physical injury of a person on an unmarked
 worksite

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 20.20 of the penal law is amended
 2 by adding a new paragraph (c) to read as follows:
 3 (c) "Unmarked worksite" means a site where a corporation or agent
 4 thereof is engaged in the construction, renovation, or demolition of a
 5 building or portion thereof, and where such corporation or agent has not
 6 caused adequate signage to be posted to notify persons of such
 7 construction, renovation, or demolition.
 8 § 2. Paragraph (c) of subdivision 2 of section 20.20 of the penal law,
 9 as amended by chapter 61 of the laws of 2023, is amended to read as
 10 follows:
 11 (c) The conduct constituting the offense is engaged in by an agent of
 12 the corporation while acting within the scope of [his] such agent's
 13 employment and on behalf of the corporation, and the offense is (i) a
 14 misdemeanor or a violation, (ii) one defined by a statute which clearly
 15 indicates a legislative intent to impose such criminal liability on a
 16 corporation, (iii) any offense set forth in title twenty-seven of arti-
 17 cle seventy-one of the environmental conservation law, [or] (iv) [is] in
 18 relation to a crime involving the death or serious physical injury of an
 19 employee where the corporation acted negligently, recklessly, inten-
 20 tionally, or knowingly, or (v) in relation to a crime involving the
 21 death or serious physical injury of a person on an unmarked worksite
 22 where the corporation acted negligently, recklessly, intentionally, or
 23 knowingly.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07137-01-5

 A. 3992 2

 1 § 3. Paragraph (c) of subdivision 5 of section 60.27 of the penal law,
 2 as amended by chapter 61 of the laws of 2023, is amended to read as
 3 follows:
 4 (c) If a corporation is found guilty of an offense involving the death
 5 or serious physical injury of an employee, or of a person on an unmarked
 6 worksite, in violation of subparagraph (iv) or (v) of paragraph (c) of
 7 subdivision two of section 20.20 of this chapter, the court may order
 8 restitution or reparation in excess of the amounts specified in para-
 9 graphs (a) and (b) of this subdivision.
 10 § 4. Paragraphs (a) and (b) of subdivision 1 of section 80.10 of the
 11 penal law, as amended by chapter 61 of the laws of 2023, are amended to
 12 read as follows:
 13 (a) Ten thousand dollars, when the conviction is of a felony;
 14 provided, however, that when the conviction is pursuant to subparagraph
 15 (iv) or (v) of paragraph (c) of subdivision two of section 20.20 of this
 16 chapter, such fine shall be fixed by the court and shall be no more than
 17 five hundred thousand dollars;
 18 (b) Five thousand dollars, when the conviction is of a class A misde-
 19 meanor or of an unclassified misdemeanor for which a term of imprison-
 20 ment in excess of three months is authorized; provided, however, that
 21 when the conviction is pursuant to subparagraph (iv) or (v) of paragraph