California Assembly Bill AB1106 Introduced / Bill

 BILL NUMBER: AB 1106INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Achadjian FEBRUARY 18, 2011 An act to amend Section 6425 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 1106, as introduced, Achadjian. Occupational safety and health: death or serious bodily impairment. Existing law prescribes criminal penalties for the willful violation of an occupational safety or health standard or order causing the death of, or permanent or prolonged impairment to, the employee. This bill would make nonsubstantive changes to this provision. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6425 of the Labor Code is amended to read: 6425. (a)  Any   An  employer and  any   an  employee having direction, management, control, or custody of any employment, place of employment, or of any other employee, who willfully violates  any   an  occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and that violation caused death to  any   an  employee, or caused permanent or prolonged impairment of the body of  any   an  employee, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($100,000), or by both that imprisonment and fine; or by imprisonment in the state prison for 16 months, or two or three years, or by a fine of not more than two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine; and in either case, if the defendant is a corporation or a limited liability company, the fine may not exceed one million five hundred thousand dollars ($1,500,000). (b) If the conviction is for a violation committed within seven years after a conviction under subdivision (b), (c), or (d) of Section 6423 or subdivision (c) of Section 6430, punishment shall be by imprisonment in  the  state prison for a term of 16 months, two, or three years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or limited liability company, the fine may not be less than five hundred thousand dollars ($500,000) or more than two million five hundred thousand dollars ($2,500,000). (c) If the conviction is for a violation committed within seven years after a first conviction of the  defendent   defendant  for  any   a  crime involving a violation of subdivision (a), punishment shall be by imprisonment in the state prison for two, three, or four years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company, the fine shall not be less than one million dollars ($1,000,000) but may not exceed three million five hundred thousand dollars ($3,500,000). (d) In determining the amount of  the  fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. (e) As used in this section, "willfully" has the same definition as it has in Section 7 of the Penal Code. This subdivision is intended to be a codification of existing law. (f) This section does not prohibit a prosecution under Section 192 of the Penal Code.