senate Bill S2928

Relates to organized retail theft using an emergency exit

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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.214
  • 19 / Mar / 2013
    • 2ND REPORT CAL.
  • 20 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 22 / Apr / 2013
    • PASSED SENATE
  • 22 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to organized retail theft using an emergency exit.

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Bill Details

See Assembly Version of this Bill:
A4271
Versions:
S2928
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง155.30, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S6957B, A10327A

Sponsor Memo

BILL NUMBER:S2928

TITLE OF BILL: An act to amend the penal law, in relation to organized
retail theft using an emergency exit

PURPOSE OR GENERAL IDEA OF BILL: This bill adds a new subdivision to
penal law section 155.30 to provide that use of an emergency exit to
facilitate a theft from a mercantile establishment is classified as
grand larceny in the fourth degree.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section which provides
that stealing from a mercantile establishment and using an emergency
exit to facilitate such theft shall be classified as grand larceny in
the fourth degree.

Section Two is the effective date.

JUSTIFICATION: According to the Federal Bureau of Investigation, organ-
ized retail theft is an industry that 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 hundreds of millions of dollars annually and, more impor-
tantly, compromise the health, safety, and welfare of unsuspecting New
York consumers. For every item stolen, New York State and local govern-
ments lose out on sales tax revenue, 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. Retail-
ers are forced to offset these significant costs through higher prices -
meaning that honest consumers are forced to endure the impact of organ-
ized retail theft and professional shoplifters.

One of the ways that criminals commit these offenses is through the use
of an emergency exit. These thieves have been known to hide in retail
stores and wait for all employees to leave before removing large amounts
of goods through emergency exits or by having a "get-away" car parked
outside an emergency exit. By amending the penal law to enhance penal-
ties for those thieves who steal from a retail establishment, and depart
from an emergency exit, these types of schemes can be deterred.

LEGISLATIVE HISTORY:

S.6957B of 2012 passed in the Senate/ A.10327A 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
________________________________________________________________________

                                  2928

                       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  organized  retail  theft
  using an emergency exit

  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 STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
TO FACILITATE AN ORGANIZED RETAIL CRIME, THE PERSON  LEAVES  THE  RETAIL
MERCANTILE ESTABLISHMENT WITH SUCH PROPERTY BY USE OF A DESIGNATED EMER-
GENCY  EXIT.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, THE TERM "RETAIL
MERCANTILE ESTABLISHMENT" SHALL MEAN A  PLACE  WHERE  GOODS,  WARES,  OR
MERCHANDISE  ARE  OFFERED  TO THE PUBLIC FOR SALE.  FOR PURPOSES OF THIS
SUBDIVISION, ORGANIZED RETAIL CRIME SHALL MEAN THE  STEALING,  EMBEZZLE-
MENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER ILLEGAL MEANS, OF
RETAIL  MERCHANDISE  IN  QUANTITIES THAT WOULD NOT NORMALLY BE PURCHASED
FOR PERSONAL USE OR CONSUMPTION, FOR THE PURPOSE OF RESELLING,  TRADING,
OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE INTO 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.
                                                           LBD01050-01-3

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