senate Bill S2926

Amended

Relates to jurisdiction and venue for organized retail theft crimes

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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

  • 25 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO CONSUMER PROTECTION
  • 18 / Mar / 2013
    • 1ST REPORT CAL.212
  • 19 / Mar / 2013
    • 2ND REPORT CAL.
  • 20 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 15 / Apr / 2013
    • AMENDED ON THIRD READING (T) 2926A
  • 22 / Apr / 2013
    • PASSED SENATE
  • 22 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / Apr / 2013
    • REFERRED TO CODES
  • 10 / Jun / 2013
    • RECALLED FROM ASSEMBLY
  • 10 / Jun / 2013
    • RETURNED TO SENATE
  • 10 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 10 / Jun / 2013
    • AMENDED ON THIRD READING (T) 2926B
  • 13 / Jun / 2013
    • REPASSED SENATE
  • 13 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1318
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES

Summary

Relates to jurisdiction and venue for organized retail theft crimes.

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Bill Details

See Assembly Version of this Bill:
A4274
Versions:
S2926
S2926A
S2926B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง70.16, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6958C, A10507A

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S2926

TITLE OF BILL: An act to amend the penal law, in relation to establish-
ing 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 that county.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section 70.16 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 offenses that are part of the same plan, scheme ox
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 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 Investi-
gation, 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 retail-
ers 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 supermar-
kets. It's a crime that has grown substantially over the past decade,
and has continued to grow at an unprecedented level. 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.

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 activ-
ity 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 intelligent criminals are well aware of the jurisdictional limita-
tions 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: S.6958C of 2012 passed in the Senate/ A.10507A
Referred to Codes

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
________________________________________________________________________

                                  2926

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

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

AN ACT to amend 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 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 ORGANIZED RETAIL CRIME
          OFFENSES.
  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 OF
ORGANIZED RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED  CRIMI-
NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
OF  CRIMINAL  ACTIVITY.  ONE  DISTRICT COURT OR COUNTY COURT MAY POSSESS
JURISDICTION 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.
  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.
  3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
ILLEGAL  MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMALLY
BE PURCHASED FOR PERSONAL  USE  OR  CONSUMPTION,  FOR  THE  PURPOSES  OF
RESELLING,  TRADING,  OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
COMMERCE.
  S 2. 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.
                                                           LBD01061-01-3

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