senate Bill S527

Establishes a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 25 / Jan / 2011
    • 1ST REPORT CAL.21
  • 31 / Jan / 2011
    • 2ND REPORT CAL.
  • 01 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 14 / Feb / 2011
    • PASSED SENATE
  • 14 / Feb / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Feb / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 23 / Jan / 2012
    • 1ST REPORT CAL.95
  • 24 / Jan / 2012
    • 2ND REPORT CAL.
  • 30 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 31 / Jan / 2012
    • PASSED SENATE
  • 31 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 31 / Jan / 2012
    • REFERRED TO CODES

Summary

Establishes a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item; makes criminal possession of an anti-security item a class A misdemeanor.

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Bill Details

See Assembly Version of this Bill:
A8562
Versions:
S527
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง155.30 & 170.47, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S33, A1276
2007-2008: A9094

Sponsor Memo

BILL NUMBER:S527

TITLE OF BILL:
An act
to amend the penal law, in relation to the possession of anti-security
items

PURPOSE:
Enhance penalty for theft of property by a person who
possesses an item designed to block or otherwise override security
markings, tags, or attachments placed on property offered for sale in
a retail mercantile establishment.

SUMMARY OF PROVISIONS:
Section 1. Adds a new subdivision 12 to Section
155.30 of the Penal Law to define "anti-security device" and render
it a crime to use same in theft of property.

Section 2. Amends Section 170.47 of the Penal Law to tender it a class
A misdemeanor to possess an anti-security device with intent to use
same to steal property at a retail mercantile establishment.

Section 3. Effective date: November 1 next succeeding the date on
which it shall have become law.

JUSTIFICATION:
Organized retail theft is the most serious security
issue facing many retail merchants, including apparel and accessory
retailers, mass merchandisers, do-it-yourself stores, drug stores,
and supermarkets. It's a crime that has grown substantially over the
past decade, nearly unabated. Estimates from retail and law
enforcement suggest the annual loss to organized retail theft in all
retail sectors combines to reach some $25 billion. Retailers are
forced to offset these significant costs through higher prices -
meaning that honest consumers are forced to endure the impact of
organized retail theft and professional shoplifters.

Professional shoplifters who steal apparel and accessories usually
shoplift for a fence that either sells the goods to a higher-level
fence or sells the goods himself in a businesslike setting. Theft
rings tend to focus on over-the-counter drugs, pain relievers, health
and beauty aids, and clothing of all kinds. These items have
considerable value and are easily resold to other retailers or in
stores the criminal fences operate. The merchandise is always in
demand; most of the items are fairly small and easy to conceal on the
person or in so-called "booster bags."

"Booster bags" are crafted to hide stolen merchandise from security
devices, theft sensors, and similar units installed by retailers to
guard against the theft of merchandise. The bags can be as
rudimentary as a simple shopping bag lined with aluminum foil, or
fashioned to be more complex and difficult to detect. Whatever the
quality, the bags are crafted so that they will block or otherwise
override the store's security system, hiding the stolen merchandise
and allowing the shoplifter a clean exit from the store.


This legislation would enhance the criminal penalty against a person
who uses a "booster bag" or other such item designed to override a
retail establishment's security system in order to steal merchandise
from that store. It is an important step forward in helping retailers
in New York State curtail the growing problem of organized retail
theft and professional shoplifting.

LEGISLATIVE HISTORY:
2009-2010: Referred to Codes (S.33/A.1276)
2007-2008: Passed the Senate (S.5153/A.9094)

EFFECTIVE DATE:
On the first of November next succeeding the date on which it
shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   527

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, MAZIARZ -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to the possession of anti-se-
  curity items

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 155.30 of the penal law is amended by adding a new
subdivision 12 to read as follows:
  12. THE PROPERTY IS TAKEN BY A PERSON  WHO  IS  IN  POSSESSION  OF  AN
ANTI-SECURITY ITEM. FOR THE PURPOSES OF THIS SUBDIVISION AN "ANTI-SECUR-
ITY  ITEM"  IS DEFINED AS AN ITEM DESIGNED FOR THE PURPOSE OF OVERCOMING
DETECTION OF SECURITY MARKINGS OR ATTACHMENTS PLACED ON PROPERTY OFFERED
FOR SALE AT SUCH AN ESTABLISHMENT.
  S 2. Section 170.47 of the penal law, as added by chapter 580  of  the
laws of 1983, is amended to read as follows:
S 170.47 Criminal possession of an anti-security item.
  A  person  is  guilty of criminal possession of an anti-security item,
when with intent to steal property at a retail mercantile  establishment
as defined in article twelve-B of the general business law, he knowingly
possesses  in  such an establishment an item designed for the purpose of
overcoming detection of security markings or attachments placed on prop-
erty offered for sale at such an establishment.
  Criminal possession of an anti-security item is a class [B]  A  misde-
meanor.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00388-01-1

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