senate Bill S2926A

Amended

Relates to jurisdiction and venue for organized retail theft crimes

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

Versions:
S2926
S2926A
S2926B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง20.40, CP L
Versions Introduced in 2011-2012 Legislative Cycle:
S6958C

Sponsor Memo

BILL NUMBER:S2926A

TITLE OF BILL: An act to amend the criminal procedure 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 that county.

SUMMARY OF PROVISIONS:

Section One amends the criminal procedure law by adding a new section
20.40(n) 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 or venture, 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 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 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 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 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:

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--A
    Cal. No. 212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens.  ZELDIN, MAZIARZ, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from said committee and committed to the  Committee
  on  Consumer  Protection  --  reported  favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the criminal procedure 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. Subdivision 4 of section 20.40 of  the  criminal  procedure
law is amended by adding a new paragraph (n) to read as follows:
  (N)  A  PERSON  MAY  BE  PROSECUTED  FOR  EACH OF THE ALLEGED CRIMINAL
OFFENSES INCLUDED WITHIN A PATTERN OF CRIMINAL OFFENSES THAT ARE PART OF
THE SAME PLAN, SCHEME, OR VENTURE OF  ORGANIZED  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.   FOR
PURPOSES OF THIS PARAGRAPH, ORGANIZED RETAIL CRIME SHALL MEAN THE STEAL-
ING, 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.
                                                           LBD01061-02-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.