Bill > S873

This bill, titled "Relative to corporate criminal conduct," proposes to amend existing Massachusetts law by adding a new section that defines corporate criminal liability for actions or omissions that create a substantial risk of serious bodily injury or death. The bill defines key terms such as "agent" (anyone working for or paid by a corporation or similar entity), "corporation" (including its officers and directors), "foreign corporation" (a corporation from outside Massachusetts that does business within the state), "other entity" (various business structures beyond corporations), and "serious bodily injury" (injury causing permanent disfigurement, loss of bodily function, or substantial risk of death). Under this new section, corporations, foreign corporations, or other entities that wantonly or recklessly engage in conduct creating a substantial risk of serious bodily injury or death, or fail to take reasonable steps to alleviate such risk, will face significant penalties. If serious bodily injury results, the entity could be fined between $1,000,000 and $10,000,000 and face imprisonment for up to 2.5 years. If death results, the fines would range from $10,000,000 to $50,000,000, and imprisonment would be between 10 and 25 years in state prison. The bill clarifies that such reckless behavior occurs when an entity or its employee/agent is aware of and consciously disregards a substantial and unjustifiable risk of serious bodily injury or death. Furthermore, any entity convicted under this new section will be barred from doing business in Massachusetts.