Requires notification of actions of perpetrator of crime in workplace to former employer or workplace.
TITLE OF BILL: An act to amend the labor law, in relation to preventing workplace violence
PURPOSE: Requires notification of actions of perpetrator of crime in workplace to former employer or workplace
SUMMARY OF PROVISIONS: Paragraph A of subdivision 2 of section 27-B of the Labor Law, as added by Chapter 82 of the laws of 2006 is amended.
Section 27-B of the Labor Law is amended by adding a new subdivision 7.
JUSTIFICATION: The purpose of this bill is to notify an employer or workplace when a former employee is released from incarceration or has violated his/her probation or parole, if the original crime was committed in the workplace and the employer was responsible for calling the police.
This bill would safeguard employers and employees from potential retaliation from former employees who have committed workplace violence or crimes in the workplace. Notifying an employer would enable a workplace to take the proper measures or precautions to protect themselves and their employees.
This bill is in response to the murder of Joanne O'Brien, who had been shot by a disgruntled former employee she fired 18 months earlier in 2004. After firing the employee, child pornography was found on his workplace computer and he was convicted as a sex offender and given 10 years probation. He violated his probation and felt as though he was already going to jail. As a result, he decided to shoot his three former bosses and then take his own life.
LEGISLATIVE HISTORY: 2009 - Died in Labor Committee 2010 - Died in Labor Committee
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1817 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to preventing workplace violence 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 "Joanne's law". S 2. Paragraph a of subdivision 2 of section 27-b of the labor law, as added by chapter 82 of the laws of 2006, is amended to read as follows: a. "Employer" means: (1) ANY PRIVATE OR NON-MUNICIPAL INDUSTRY, TRADE, OCCUPATION OR PROCESS; (2) the state;
[(2)](3) a political subdivision of the state, provided, however that this subdivision shall not mean any employer as defined in section twenty-eight hundred one-a of the educa- tion law; and [(3)](4) a public authority, a public benefit corpo- ration, or any other governmental agency or instrumentality thereof. S 3. Section 27-b of the labor law is amended by adding a new subdivi- sion 7 to read as follows: 7. NOTIFICATION OF ACTIONS OF CRIME PERPETRATORS. THE PROPER AUTHORI- TIES HAVING JURISDICTION OF A PERSON WHO HAS COMMITTED A CRIME IN A WORKPLACE SHALL NOTIFY THE FORMER EMPLOYER OF SAID PERSON OR THE WORK- PLACE WHERE HE OR SHE WAS EMPLOYED IF SAID PERSON IS RELEASED FROM INCARCERATION OR HAS VIOLATED THE PROVISIONS OF HIS OR HER PROBATION OR PAROLE. A WORKPLACE SHALL BE NOTIFIED ABOVE ONLY IF THE CRIME WAS COMMITTED IN THE WORKPLACE AND THE EMPLOYER WAS RESPONSIBLE FOR NOTIFY- ING THE PROPER POLICE AGENCY OF THE COMMISSION OF SAID CRIME. THIS SECTION SHALL APPLY TO THE RELEASE OF OR VIOLATION BY, AS STATED PREVI- OUSLY, AN EMPLOYEE OR A VISITOR TO THE WORKPLACE WHERE SAID CRIME WAS COMMITTED AND SAID PERSON COMMITTED SAID CRIME. S 4. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06915-01-1