senate Bill S6958B

Amended

Relates to jurisdiction and venue for a pattern of criminal offenses

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Sponsor

Co-Sponsors

Bill Status


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

  • 16 / Apr / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 19 / Apr / 2012
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 19 / Apr / 2012
    • PRINT NUMBER 6958A
  • 30 / Apr / 2012
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 30 / Apr / 2012
    • PRINT NUMBER 6958B
  • 30 / May / 2012
    • 1ST REPORT CAL.928
  • 31 / May / 2012
    • 2ND REPORT CAL.
  • 04 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING (T) 6958C
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO CODES

Summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

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Bill Details

See Assembly Version of this Bill:
A10507
Versions:
S6958
S6958A
S6958B
S6958C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S6958B

TITLE OF BILL:
An act
to amend the general business law and
the penal law, in relation to establishing jurisdiction and
venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction to any county when at least one of
the crimes constituting a pattern occurs within their county.

SUMMARY OF PROVISIONS:
Section One amends the general business law by adding a new section
393-e which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses
included within a pattern of criminal offense that are part of the
same plan, scheme or adventure, in any county where at least one of
the alleged criminal offenses has occurred when such offense is part
of the alleged pattern of criminal activity.

Section Two makes conforming changes to penal law by adding a new
section 70.16.

Section Three is the effective date.

JUSTIFICATION:
This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft costs united States retailers about $30
billion per year. organized retail crime comprises a wide spectrum of
high volume and highly organized theft rings that cost New York
retailers specifically hundreds of millions of dollars annually and,
more importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York
State and local governments lose out on sales tax revenue again,
adding up to millions annually. 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, and has continued to grow at
unprecedented level. Retailers are forced to offset these significant
costs through higher prices meaning that honest and consumers are
forced to endure the impact of organized retail theft and
professional shoplifters.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county where at least one alleged offense that is part of the pattern

of activity has occurred. Under this legislation, one district court
would be granted jurisdiction over all criminal offenses, persons,
and property that form the pattern of criminal offenses.

These highly intelligent criminals are well aware of the
jurisdictional limitations under our current penal system and avoid
committing multiple offenses in the same county to avoid harsher
penalties. This bill would give law enforcement officials another
tool in curbing organized retail crime.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect 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
________________________________________________________________________

                                 6958--B

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the general business law and the penal law, in relation
  to establishing jurisdiction and  venue  for  a  pattern  of  criminal
  offenses

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

  Section 1. The general business law is amended by adding a new section
393-e to read as follows:
  S 393-E. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1.
A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH  OF
THE  ALLEGED  CRIMINAL  OFFENSES  INCLUDED  WITHIN A PATTERN OF CRIMINAL
OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF  ORGAN-
IZED  RETAIL  CRIME,  IN  ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL
OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN  OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT OR COUNTY COURT MAY POSSESS JURIS-
DICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART
OF, OR ARE DIRECTLY RELATED TO, EACH OR  ALL  OF  THE  ALLEGED  CRIMINAL
OFFENSES  FORMING  THE ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED
RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15083-04-2

S. 6958--B                          2

DISTRICT COURT OR COUNTY COURT MAY POSSESS JURISDICTION OVER ALL  CRIMI-
NAL  OFFENSES,  PERSONS  AND  PROPERTY THAT ARE PART OF, OR ARE DIRECTLY
RELATED TO, EACH OR ALL OF THE ALLEGED  CRIMINAL  OFFENSES  FORMING  THE
ALLEGED PATTERN OF CRIMINAL OFFENSES.
  2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  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.

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