senate Bill S2926B

Relates to jurisdiction and venue for organized retail theft crimes

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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

  • 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:
A4274B
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, A10507A

Sponsor Memo

BILL NUMBER:S2926B

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to establishing jurisdiction and venue for organized retail
theft crimes

PURPOSE OR GENERAL IDEA OF BILL:

This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction in a contiguous county when at least
one of the crimes constituting a pattern occurs within that county.

SUMMARY OF SPECIFIC 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 that is contiguous to another 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 $50 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 that is contiguous to another county where at least one alleged
offense that is part of the pattern of activity has occurred.
Furthermore, the five counties of New York City are deemed contiguous
with each other. Under this legislation, one criminal 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.

PRIOR LEGISLATIVE HISTORY:

2012: 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 law.

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

                                 2926--B
    Cal. No. 212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens.  ZELDIN,  LANZA, 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 -- passed by Senate and delivered to the Assem-
  bly,  recalled,  vote reconsidered, restored to third reading, amended
  and ordered reprinted, retaining its place in the order of third read-
  ing

AN ACT to amend the criminal procedure law, in relation to  establishing
  jurisdiction and venue for organized retail theft crimes

  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)  (I)  AN  ORGANIZED  RETAIL THEFT CRIME, WHERE THE DEFENDANT KNOWS
THAT SUCH CRIME IS A PART OF A COORDINATED PLAN, SCHEME  OR  VENTURE  OF
ORGANIZED  RETAIL  THEFT CRIMES COMMITTED BY TWO OR MORE PERSONS, MAY BE
PROSECUTED IN ANY COUNTY IN WHICH AT LEAST  ONE  SUCH  ORGANIZED  RETAIL
THEFT  CRIME WAS COMMITTED; PROVIDED, HOWEVER, THAT THE COUNTY OF PROSE-
CUTION IS CONTIGUOUS TO ANOTHER COUNTY IN WHICH  ONE  OR  MORE  OF  SUCH
OTHER  ORGANIZED RETAIL THEFT CRIMES WAS COMMITTED. FOR PURPOSES OF THIS
PARAGRAPH, THE FIVE COUNTIES THAT COMPRISE NEW YORK CITY SHALL BE DEEMED
CONTIGUOUS WITH EACH OTHER.
  (II) FOR PURPOSES OF THIS PARAGRAPH, "ORGANIZED  RETAIL  THEFT  CRIME"
SHALL  MEAN  AND  INCLUDE  A  CRIME UNDER THIS CHAPTER THAT INVOLVES THE
LARCENY, EMBEZZLEMENT OR OBTAINING BY FRAUD, FALSE  PRETENSES  OR  OTHER
ILLEGAL MEANS OF RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMAL-
LY  BE  PURCHASED  FOR  PERSONAL USE OR CONSUMPTION, FOR THE PURPOSES OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01061-05-3

S. 2926--B                          2

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.

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