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Leroy Comrie

Sponsor · State Senator, District 14 · Democratic

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Senate bill · S4188 (2025-26)

Establishes the crime of misappropriation of payroll funds

Latest action May 13, 2026

Summary

Establishes the crime of misappropriation of payroll funds when a person knows that funds are designated for use as employee payroll funds or as payment of payroll taxes, and intentionally prevents the funds from being used for their designated purpose.

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Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A3382, the matching bill in the Assembly.

Amends the Penal Law.

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

Purpose, from the sponsor's memo

The purpose of this bill is to establish the crime of misappropriation of payroll funds in New York.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateApr 20, 2026Result: passed

    (59) (0) (0) (4)
  • Vote: Committee vote · Codes

    Senate CodesMar 24, 2026Result: passed

    (13) (0) (0) (0)
  • Vote: Floor vote

    NY SenateMay 21, 2025Result: passed

    (59) (0) (0) (3)
  • Vote: Floor vote

    NY SenateMar 4, 2025Result: passed

    (61) (0) (0) (2)
  • Vote: Committee vote · Codes

    Senate CodesFeb 24, 2025Result: passed

    (13) (0) (0) (0)

The sponsor's argument

Why Leroy Comrie says this is needed

Recent events have underscored that employee payroll funds deserve and require further protection under New York law. When payroll funds are misused, employees cannot be compensated for the work they have performed. Bad actors purposefully causing late or missing paychecks can wreak havoc on employees' lives, making it difficult to pay bills or put food on the table. In order to ensure that companies, including payroll companies, are adequately protecting payroll funds and funds earmarked to pay payroll taxes, it is vital that the Legislature establish penalties for the misuse of payroll funds. This includes ensuring that corporations are also held criminally liable when conduct is engaged in by an agent of a corporation, while acting within the scope of their employment and on behalf of the corporation while perpetrating the crime of misappropri- ation of payroll funds.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 13, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  2. Apr 20, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  3. Apr 20, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  4. Apr 20, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  5. Mar 26, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

Show full history (23 earlier events)
  1. Mar 25, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  2. Mar 24, 2026

    1ST Report CAL.613

    1ST REPORT CAL.613

    NY Senate

  3. Feb 6, 2026

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Senate

  4. Feb 6, 2026

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  5. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  6. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate

  7. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  8. May 22, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  9. May 21, 2025

    Passed a chamber

    REPASSED SENATE

    NY Senate

  10. May 21, 2025

    Returned to Assembly

    RETURNED TO ASSEMBLY

    NY Senate

  11. May 20, 2025

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  12. May 14, 2025

    Amended

    AMENDED ON THIRD READING 4188A

    NY Senate

  13. May 14, 2025

    Recalled From Assembly

    RECALLED FROM ASSEMBLY

    NY Senate

  14. May 14, 2025

    Returned to Senate

    RETURNED TO SENATE

    NY Assembly

  15. Apr 23, 2025

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Assembly

  16. Mar 5, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  17. Mar 4, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  18. Mar 4, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  19. Feb 26, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  20. Feb 25, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  21. Feb 24, 2025

    1ST Report CAL.364

    1ST REPORT CAL.364

    NY Senate

  22. Feb 3, 2025

    Referred to committee

    REFERRED TO CODES

    NY Senate

  23. Jan 27, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

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