S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
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-
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-
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.