BILL NUMBER: AB 1106	INTRODUCED
	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.