senate Bill S529

2011-2012 Legislative Session

Enacts the "anti-organized retail theft act"

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

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S529 - Bill Details

See Assembly Version of this Bill:
A8561
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §38, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S29, S3775C, A1328

S529 - Bill Texts

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Enacts the "anti-organized retail theft act"; criminalizes organized retail theft and establishes the crime of leader of an organized retail theft enterprise; relates to the authorization of jurisdiction and venue and authorized sentences for a pattern of criminal offenses; relates to the aggregated value of stolen merchandise; relates to the use of an emergency exit in the theft of property; relates to the possession of anti-security items; relates to retail sales receipt and universal product code label fraud; relates to itinerant vendors; and relates to theft with intent to resell on an online marketplace.

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BILL NUMBER:S529

TITLE OF BILL:
An act
to amend the penal law, in relation to criminalizing organized retail
theft and establishing the crime of leader of an organized retail theft
enterprise (Part A); to amend the penal law, in relation to the
authorization of jurisdiction and venue and authorized sentences for a
pattern of criminal offenses (Part B); to amend the penal law, in
relation to the aggregated value of stolen merchandise (Part C); to
amend the penal law, in relation to the use of emergency exit in the
theft of property (Part D); to amend the penal law, in relation to the
possession of anti-security items (Part E); to amend the penal law, in
relation to retail sales receipt and universal product code label fraud
(Part F); to amend the general business law, in relation to itinerant
vendors (Part G); and to amend the penal law, in relation to theft with
intent to resell on an online marketplace (Part H)

PURPOSE:
To create within the penal law and general
business law a
Omnibus Anti-Organized Retail Theft Act. (AORTA)

Part A provides
law enforcement parity with the State of New Jersey in an attempt to
halt the burgeoning criminal activity known as organized retail theft.

* Part B defines a pattern of crimes related to organized retail
theft; authorizes sentencing, fines and imprisonment; and allows
District Attorneys to have venue and jurisdiction over the criminal
offense of organized retail theft when at least one of the crimes
constituting a pattern occurs within their county;

* Part C would codify state court rulings which allow prosecutors to
aggregate or add together numerous petite larcenies that are part of
a connected organized crime spree thus allowing prosecutors to charge
grand larceny in the 4th Degree (a Class E Felony with up to 4 years
in prison);

* Part D would make the use of stores emergency exit as means of
escape by organized theft rings a class E felony (1 to 4 years)
thereby providing store security and prosecutors another weapon in
curtailing these activities;

* Part E would enhance penalties for theft of property by a person who
possesses an item designed to block or otherwise override security
markings, tags, or attachments placed on property offered for sale in
a retail mercantile establishment otherwise known as "booster bags";

* Part F amends the penal law to make it a criminal offense to
transfer, make, alter, counterfeit or reproduce a retail sales
receipt or universal product code when the individual knows that the
sales receipt or universal product code is counterfeit. This
legislation would also make it a
class E felony to possess a device for the manufacture of fraudulent
retail product receipt or universal product codes;


* Part G would establish that no itinerant vendor, except for a
manufacturer, an authorized manufacturer's representative, or an
authorized distributor, shall offer for sale baby food,
non-prescription drugs, cosmetics, or batteries;

* Part H increases the penalties against those thieves who set up
Internet accounts for such a purpose.

SUMMARY OF PROVISIONS:
Section 1: Title

Part A: Section 1; Adds 155.43 Retail Theft and 155.44 Leader of an
organized retail theft enterprise to the Penal Law; provides
definitions thereof: Section 155.43, Sub 1 Definitions; Sub 2 Defines
Shoplifting; Sub 3 Defines Shoplifting as grand larceny in the 2nd
Degree; Sub 4 Legal presumptions; Sub 5 Apprehension and detention.

Part A: Section 2; Effective date.

Part B: Section 1; Adds Section 70.16 Sentences of imprisonment or
fines for a pattern of criminal offenses to the penal law. Defines a
pattern of criminal offenses with relation to organized retail theft;
Authorizes sentencing, fines and imprisonment by courts; Allows
District Attorney the to have jurisdiction over the criminal offense
of organized retail theft when at least one of the occurrences takes
place in that county.

Part B: Section 2; Effective Date.

Part C: Section 1; Aggregation. Amends paragraph 1 of section 155.30
of the penal law by adding a new subparagraph 1(a) and 1(b). This
legislation would codify state court rulings which allow prosecutors
to aggregate or add together numerous petite larcenies that are part
of a connected organized crime spree thus allowing prosecutors to
charge grand larceny in the 4th Degree (a Class E Felony with up to 4
years in prison).

Part C: Section 2; Effective Date.

Part D: Section 1; Emergency Exits. Amends section 155.30 of the penal
law by adding a new subdivision 13.

Part D: Section 2; Effective Date.

Part E: Section 1; Booster Bags. Adds a new subdivision 12 to Section
155.30 of the Penal Law to define "anti-security device" and render
it a crime to use same in theft of property. Amends
Section 170.47 of the Penal Law to tender it a class A misdemeanor to
possess an anti-security device with intent to use same to steal
property at a retail mercantile establishment.

Part E: Section 2; Effective Date.

Part F: Section 1; UPC Fraud: Adds 4 new sections to the penal code as
follows: Section 165.80 contains definitions with respect to the
sections that follow. Section 165.81 creates a crime of retail sales
receipt or universal product code fraud in the second degree which


entails use, transfer, alteration, counterfeit or reproduction of a
retail sales receipt or universal product code when the defendant
knows such to be counterfeit and does so with the intent to deceive
or defraud. This crime is a class A misdemeanor. Section 165.82
creates the crime of retail sales receipt or universal product code
fraud in the first degree which is a class E felony. A person is
guilty of this offense when with intent to deceive or defraud, he
uses, transfers, makes, alters, counterfeits or reproduces 15 or more
retail sales receipts or universal product codes, or combination
thereof, knowing such to be counterfeit. Section 165.83 creates a
class E felony of possession of a fraudulent retail sales receipt or
universal product code manufacturing device.

Part F: Section 2; Effective Date.

Part G: Section 1; Itinerant Vendor. Amends § 38 of the General
Business Law to specifically define the following items -- baby food,
non-prescription drugs, cosmetics, and batteries -- as products that
may not be sold in flea markets unless sold by a manufacturer, an
authorized manufacturer's representative, or an authorized distributor.

Part G: Section 2; Effective Date.

Part H: Section 1 and 2; Efencing. Amends section 155.30 of the penal
law by adding a new subdivision 12 and 13. Sub 12: Adds to grand
larceny in the 4th degree the aggregate value of selling stolen
items in the online marketplace and defines online marketplace.

Part H: Section 3; Effective Date.

EXISTING LAW:
Currently, petite larceny (shoplifting items under
$1,000) is a misdemeanor which could result in up to one year in
jail. While the courts have allowed aggregation of petite larcenies
that are part of a connected organized crime spree, there are no laws
making this determination a permanent part of or New York's
Penal-Law. § 155.30 Grand Larceny in the fourth degree. A person is
guilty of grand larceny in the fourth degree when he steals property
and when: 1. The value of the property exceeds one thousand dollars;
or 2. The property consists of a public record, writing or instrument
kept, tiled or deposited according to law with or in the keeping of
any public office or public servant; or 3. The property consists of
secret scientific material; or 4. The property consists of a credit
card or debit card; or 5. The property, regardless of its nature and
value, is taken from the person of another; or 6. The property,
regardless of its nature and value, is obtained by extortion; or 7.
The property consists of one or more firearms, rifles or shotguns, as
such terms are defined in section 265.00 of this chapter; or 8. The
value of the property exceeds one hundred dollars and the property
consists of a motor vehicle, as defined
in section one hundred twenty-five of the vehicle and traffic law,
other than a motorcycle, as defined in section one hundred
twenty-three of such law; or 9. The property consists of a scroll,
religious vestment, vessel or other item of property having a value
of at least one hundred dollars kept for or used in connection with
religious worship in any building or structure used as a place of
religious worship by a religious corporation, as incorporated under


the religious corporations law or the education law. 10. The property
consists of an access device which the person intends to use
unlawfully to obtain telephone service. 11. The property consists of
anhydrous ammonia or liquified ammonia gas and the actor intends to
use, or knows another person intends to use, such anhydrous ammonia
or liquified ammonia gas to manufacture methamphetamine. Grand
larceny in the fourth degree is a class E felony.

JUSTIFICATION:
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
importantly, compromise the health, safety, and wallet of
unsuspecting New York consumers. And for every item stolen, New
York's 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, with the emergence of organized
criminal theft at an unprecedented level. Estimates from retail and
law enforcement suggest the annual loss to organized retail theft in
all retail sectors across the country combines to reach some $31
billion.
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. Theft
rings tend to focus on over-the-counter drugs, pain relievers, health
and beauty aids, and clothing of all kinds. These items have
considerable value and are easily resold to other retailers or in
stores the criminal fences operate.

Definition of Organized Retail Theft and Leader of an Organized
Enterprise:
The state of New Jersey adopted Chapter 56, Laws of 2006 that defines
"organized retail theft enterprise" as "any association of two or
more persons who engage in the conduct of or are associated for the
purpose of effectuating the transfer or sale of shoplifted
merchandise." This legislation seeks parity with our neighbor state
in an equally aggressive and sensible attempt to curtail a burgeoning
criminal activity that today finds almost unlimited opportunities in
retail-rich New York State.

Pattern of Criminal Offenses:
Organized gangs of retail thieves know that penalties they may face if
apprehended will be limited to their activity within a certain
jurisdiction - despite the fact that their theft sprees can, will,
and usually do involve theft from stores across a number of localities
and counties. In other words, they are not deterred by a drive from
one county to the next in their effort to complete their task of
stealing as much merchandise as possible.

This legislation would ensure that one county could, under certain
circumstances, prosecute organized retail thieves operating across
county borders. With that authority, a county prosecutor could
aggregate the value of the thefts committees across county lines
within a certain period of


time, since, again, retail thieves tend to travel from location to
location to fill their "shopping lists" that they'll turn over to
their fences.

Aggregation:
These are professional thieves, not the amateur shoplifter who may
pocket one or two items at a time. These thieves know that it's petit
larceny - a misdemeanor - to steal items worth up to $1,000 from one
location. They'll travel from location to location and curtail their
theft just below that threshold. Court cases in 2001 and 2002 found
it sufficient to show that the aggregated value of merchandise stolen
exceeded the statutory $1,000 threshold and allowed prosecution for
grand larceny in the fourth degree (People v. Dennis [1 Dept. 2002],
appeal denied; People v. Wandell [3 Dept. 2001]).
This legislation would codify those rulings and expand them to include
the idea of aggregating the value of merchandise stolen in a "single
event" (i.e., one theft spree over a certain period of time, as that
is how organized retail thieves often strike).

Emergency Exits:
This legislation seeks to increase the penalty for using a store's
designated emergency exit to facilitate the theft of merchandise from
the store. The "emergency exit theft" has grown in popularity among
organized retail thieves. The professional thieves load their
shopping carts with merchandise, then signal an accomplice to be
waiting with a car running and ready to load right outside the
designated emergency exit. A quick push through the emergency exit
triggers the store's alarm, but the trained thieves know they have a
few minutes to load the car and make a quick getaway before the store
employee can make it to the exit. Most times, the thieves are long
gone by the time the security employees are able to make it to the
opened door.

In addressing this measure of retail crime, the legislation
distinguishes between the amateur and professional shoplifters in
order to expedite the process of prosecuting organized retail
criminal gangs. There should be no mistaking that a person bursting
through an emergency exit with a cart full of multiple quantities of
the same item is not the average, run-of-the-mill amateur shoplifter.
Chances are he or she is a part of a larger gang of organized thieves
tasked to clean out as many stores as possible as quickly as
possible, robbing the store of its merchandise, causing higher prices
for honest consumers, putting at risk the health and safety of the
end-user of the stolen products, and stealing sales tax revenue from
the state and local governments.

Booster Bags:
"Booster bags" are crafted to hide stolen merchandise from security
devices, theft sensors, and similar units installed by retailers to
guard against the theft of merchandise. The bags can be as
rudimentary as a simple shopping bag lined with aluminum foil, or
fashioned to be more complex and difficult to detect. Whatever the
quality, the bags are crafted so that they will block or otherwise
override the store's security system, hiding the stolen merchandise
and allowing the shoplifter a clean exit from the store. This
legislation would enhance the criminal penalty against a person who
uses a "booster bag" or other such item designed to override a retail


establishment's security system in order to steal merchandise from
that store. It is an important step forward in helping retailers in
New York State curtail the growing problem of organized retail theft
and professional shoplifting.

In addressing this measure of retail crime, the legislation
distinguishes between the amateur and professional shoplifters in
order to expedite the process of prosecuting organized retail
criminal gangs. Organized thieves are trained to know what they can
and can't do in order to minimize the potential for prosecution and
penalty; this legislation seeks to lower that threshold to ensure
that organized thieves steer well clear of the robust retail
marketplace that attracts them to New York State.

UPC Fraud:
To amend the penal law to make it a criminal offense to transfer,
make, alter, counterfeit or reproduce a retail sales receipt or
universal product code when the individual knows that the sales
receipt or universal product code is counterfeit. The bill would also
make it a class E felony to possess a device for the manufacture of
fraudulent retail product receipt or universal product codes.
Increasingly, retailers are subject to fraud perpetrated on them by
dishonest customers who transfer, alter, counterfeit or otherwise
fraudulently manipulate uniform product code labels.
Also, retailers are frequently defrauded by customers who manufacture
fraudulent, counterfeit or altered sales receipts which are then used
to return goods for amounts in excess of actual value of the
purchase. This legislation is necessary in order to give law
enforcement officials tools necessary to address problems of UPC fraud
and sales receipt fraud.

Itinerant Vendors:
The itinerant vendor statute, which was adopted as Chapter 282, Laws
of 1995, was originally enacted to curtail the sale of certain
perishable, high-theft items through flea markets. The 1995 law
focused on baby foods and over-the-counter drugs, as these were items
that professional thieves were targeting to resell through flea
markets and were products that were compromised when exposed to
sunlight and heat. The need to tighten the definitions in General
Business Law § 38 were brought to light when law enforcement
officials in central New York encountered difficulties in halting the
sale of stolen, non-prescription drugs because of the ambiguous
definitions contained in the current law. The proposed bill will
tighten the current statute by redefining baby foods and
non-prescription drugs. It will further expand the statute to prevent
the sale of cosmetics and batteries by itinerant vendors, as these
products have become high-theft items among those engaged in
organized retail theft and because many cosmetics are similarly
affected by exposure to sunlight and heat and thereby pose a health
risk. The illegal activity this bill aims to thwart differs from
shoplifting in that shoplifters typically steal single items for
their own use,
whereas this bill addresses the multiple theft of products by career
criminals who steal primarily to sell the stolen goods. These crimes
are often committed to support other illegal activity involving drug
use. Baby foods, non-prescription drugs, cosmetics and batteries are
attractive to these criminals because they are small, easily


cancelable, and relatively expensive items. Prohibiting the sale of
these products in flea markets will close an important outlet to
these criminals, thereby making their theft less desirable. The
public health concerns addressed by this bill and the need to support
law enforcement efforts warrant passage of this measure.

Efencing:
Internet auction sites and peer-to-peer advertising programs have
become the cyberspace flea markets where stolen goods - everything
from gift cards to health and beauty aids - are sold,
usually to unsuspecting consumers who think they've stumbled on a deal
that is too good to be true. And just as when these items are sold by
"itinerant vendors" on the street, they can become compromised and
indeed dangerous when they become outdated, poorly packaged,
incorrectly stored, and moved solely for ill-gotten profit rather
than with the interest of the consumer in mind.

Internet auction sites, however, are not the problem - the problem is
when organized retail thieves use these sites to move their
merchandise. This legislation seeks to increase the penalties against
those thieves who set up Internet accounts for such a purpose.

LEGISLATIVE HISTORY:
This is new legislation.
Separate legislation combined into this Omnibus Act:
Itinerant Vendors:
2007: S.4442 (Passed Senate; died in Assembly Codes);
2005 - 2006: S.3174 (Balboni)/A.5670; (Passed Senate; died in Assembly
Codes);
2003-2004: S.7138-A (Balboni)/A.10822A; (Passed Senate; died in
Assembly Codes);
Booster Bags: 2007: S.5153/A.9094 (Passed Senate; died in Assembly
Codes);
UPC Fraud: 2003 - 2004: S.2051 (Rath)/A.6144 (Codes)
2008: Referred to Codes (S.7623/A.11547)
2009-2010: Referred to Codes (S.39/A.1328)

FISCAL IMPLICATIONS:
Curbing organized retail theft in New York State
will ensure that the state's retailers will be able to sell the items
rather than lose them to theft, thereby collecting and remitting to
state and local government sales tax that otherwise would be lost to
theft.

EFFECTIVE DATE:
Parts A, D and H with take effect 90 days after the
bill shall have become law; Part B, C and E shall take effect on the
1st of November next succeeding the date on which it shall have
become law; Part F takes effect on January 1 next succeeding the date
on which it shall have become law; Part G takes effect immediately
upon being signed into law.

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

                                   529

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. FUSCHILLO, MAZIARZ, RANZENHOFER, HASSELL-THOMPSON --
  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  criminalizing  organized
  retail  theft  and  establishing  the  crime of leader of an organized
  retail theft enterprise (Part A); to amend the penal law, in  relation
  to   the  authorization  of  jurisdiction  and  venue  and  authorized
  sentences for a pattern of criminal offenses (Part B);  to  amend  the
  penal  law,  in relation to the aggregated value of stolen merchandise
  (Part C); to amend the penal law, in relation to the use of  emergency
  exit  in  the  theft  of property (Part D); to amend the penal law, in
  relation to the possession of anti-security items (Part E);  to  amend
  the penal law, in relation to retail sales receipt and universal prod-
  uct  code  label fraud (Part F); to amend the general business law, in
  relation to itinerant vendors (Part G); and to amend the penal law, in
  relation to theft with intent to resell on an online marketplace (Part
  H)

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

  Section  1.  This act shall be known and may be cited as the "anti-or-
ganized retail theft act".
  S 2. This act enacts into law major components  of  legislation  which
are  necessary  to  implement the anti-organized retail theft act.  Each
component is wholly contained  within  a  Part  identified  as  Parts  A
through  H.  The  effective date for each particular provision contained
within such Part is set forth in the last  section  of  such  Part.  Any
provision  in  any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be  deemed
to  mean  and refer to the corresponding section of the Part in which it

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00205-01-1

S. 529                              2

is found. Section four of this act sets forth the general effective date
of this act.

                                 PART A

  Section  1.  Legislative  intent.  Organized retail theft is a growing
problem for retailers in this state and throughout the United States. It
is committed by professional theft rings which move  across  communities
and  states  to  pilfer merchandise from supermarkets, chain drugstores,
independent pharmacies, mass merchandisers and convenience stores,  then
resell  that  merchandise  over the internet, at flea markets and to the
stores from which it was stolen. Popular items include  infant  formula,
skin care products, heartburn medications and shaving products.  Accord-
ing to the Federal Bureau of Investigation, organized retail theft loss-
es  have  amounted  to  as  much as $30 billion. This act is intended to
provide an additional tool to retailers  to  fight  back  against  these
shoplifting gangs.
  S  2.  The  penal law is amended by adding two new sections 155.50 and
155.55 to read as follows:
S 155.50 RETAIL THEFT.
  1. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY TO THIS SECTION:
  (A) "SHOPPING CART" MEANS PUSHCARTS OF THE TYPE  OR  TYPES  WHICH  ARE
COMMONLY  PROVIDED BY GROCERY STORES, DRUGSTORES OR OTHER RETAIL MERCAN-
TILE ESTABLISHMENTS FOR THE USE OF THE PUBLIC  IN  TRANSPORTING  COMMOD-
ITIES  IN  STORES  AND  MARKETS  AND, INCIDENTALLY, FROM THE STORES TO A
PLACE OUTSIDE THE STORE;
  (B) "STORE OR OTHER RETAIL MERCANTILE  ESTABLISHMENT"  MEANS  A  PLACE
WHERE  MERCHANDISE  IS DISPLAYED, HELD, STORED OR SOLD OR OFFERED TO THE
PUBLIC FOR SALE;
  (C) "MERCHANDISE" MEANS ANY GOODS, CHATTELS, FOODSTUFFS  OR  WARES  OF
ANY TYPE AND DESCRIPTION, REGARDLESS OF THE VALUE THEREOF;
  (D)  "MERCHANT"  MEANS  ANY  OWNER  OR  OPERATOR OF ANY STORE OR OTHER
RETAIL  MERCANTILE  ESTABLISHMENT,  OR  ANY  AGENT,  SERVANT,  EMPLOYEE,
LESSEE, CONSIGNEE, OFFICER, DIRECTOR, FRANCHISEE OR INDEPENDENT CONTRAC-
TOR OF SUCH OWNER OR PROPRIETOR;
  (E)  "PERSON" MEANS ANY INDIVIDUAL OR INDIVIDUALS, INCLUDING AN AGENT,
SERVANT OR EMPLOYEE OF A MERCHANT WHERE THE FACTS OF  THE  SITUATION  SO
REQUIRE;
  (F) "CONCEAL" MEANS TO CONCEAL MERCHANDISE SO THAT, ALTHOUGH THERE MAY
BE  SOME  NOTICE  OF  ITS  PRESENCE,  IT IS NOT VISIBLE THROUGH ORDINARY
OBSERVATION;
  (G) "FULL RETAIL VALUE" MEANS  THE  MERCHANT'S  STATED  OR  ADVERTISED
PRICE OF THE MERCHANDISE;
  (H) "PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT" MEANS AND
INCLUDES BUT IS NOT LIMITED TO, THE RETAIL MERCANTILE ESTABLISHMENT; ANY
COMMON  USE AREAS IN SHOPPING CENTERS AND ALL PARKING AREAS SET ASIDE BY
A MERCHANT OR ON BEHALF OF A MERCHANT FOR THE PARKING  OF  VEHICLES  FOR
THE CONVENIENCE OF THE PATRONS OF SUCH RETAIL MERCANTILE ESTABLISHMENT;
  (I)  "UNDER-RING"  MEANS  TO  CAUSE  THE  CASH  REGISTER OR OTHER SALE
RECORDING DEVICE TO REFLECT LESS THAN  THE  FULL  RETAIL  VALUE  OF  THE
MERCHANDISE;
  (J)  "ANTI-SHOPLIFTING  OR  INVENTORY  CONTROL  DEVICE COUNTERMEASURE"
MEANS ANY ITEM OR DEVICE WHICH IS DESIGNED, MANUFACTURED,  MODIFIED,  OR
ALTERED TO DEFEAT ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE; AND

S. 529                              3

  (K)  "ORGANIZED  RETAIL THEFT ENTERPRISE" MEANS ANY ASSOCIATION OF TWO
OR MORE PERSONS WHO ENGAGE IN THE CONDUCT OF OR ARE ASSOCIATED  FOR  THE
PURPOSE OF EFFECTUATING THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE.
  2.  SHOPLIFTING.  SHOPLIFTING  SHALL CONSIST OF ANY ONE OR MORE OF THE
FOLLOWING ACTS:
  (A) FOR ANY PERSON PURPOSELY TO TAKE POSSESSION OF, CARRY AWAY, TRANS-
FER OR  CAUSE  TO  BE  CARRIED  AWAY  OR  TRANSFERRED,  ANY  MERCHANDISE
DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL
MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
THE  POSSESSION,  USE  OR  BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE
SAME TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT  THE  FULL
RETAIL VALUE THEREOF;
  (B)  FOR  ANY  PERSON  PURPOSELY  TO CONCEAL UPON HIS OR HER PERSON OR
OTHERWISE ANY MERCHANDISE OFFERED FOR SALE BY ANY STORE OR OTHER  RETAIL
MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
THE PROCESSES, USE OR BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE SAME
TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE VALUE THER-
EOF;
  (C)  FOR  ANY PERSON PURPOSELY TO ALTER, TRANSFER OR REMOVE ANY LABEL,
PRICE TAG OR MARKING INDICIA OF VALUE OR ANY OTHER MARKINGS WHICH AID IN
DETERMINING VALUE AFFIXED TO ANY MERCHANDISE DISPLAYED, HELD, STORED  OR
OFFERED  FOR  SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT
AND TO ATTEMPT TO PURCHASE SUCH MERCHANDISE  PERSONALLY  OR  IN  CONSORT
WITH  ANOTHER  AT  LESS THAN THE FULL RETAIL VALUE WITH THE INTENTION OF
DEPRIVING THE MERCHANT OF ALL OR SOME PART OF THE VALUE THEREOF;
  (D) FOR ANY PERSON PURPOSELY TO TRANSFER  ANY  MERCHANDISE  DISPLAYED,
HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE
ESTABLISHMENT  FROM  THE  CONTAINER  IN  OR  ON  WHICH THE SAME SHALL BE
DISPLAYED TO ANY OTHER CONTAINER WITH INTENT TO DEPRIVE THE MERCHANT  OF
ALL OR SOME PART OF THE RETAIL VALUE THEREOF;
  (E)  FOR  ANY  PERSON  PURPOSELY  TO  UNDER-RING WITH THE INTENTION OF
DEPRIVING THE MERCHANT OF THE FULL RETAIL VALUE THEREOF; AND
  (F) FOR ANY PERSON PURPOSELY TO REMOVE A SHOPPING CART FROM THE  PREM-
ISES  OF  A  STORE  OR OTHER RETAIL MERCANTILE ESTABLISHMENT WITHOUT THE
CONSENT OF THE MERCHANT GIVEN AT THE  TIME  OF  SUCH  REMOVAL  WITH  THE
INTENTION  OF  PERMANENTLY DEPRIVING THE MERCHANT OF THE POSSESSION, USE
OR BENEFIT OF SUCH CART.
  3. GRADATION. (A) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE  SECOND
DEGREE IF:
  (I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS FIFTY THOUSAND DOLLARS
OR MORE; OR
  (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
AN  ORGANIZED  RETAIL  THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE
MERCHANDISE IS ONE THOUSAND DOLLARS OR MORE.
  (B) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE THIRD DEGREE IF:
  (I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST  THREE  THOU-
SAND DOLLARS BUT IS LESS THAN FIFTY THOUSAND DOLLARS; OR
  (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
AN  ORGANIZED  RETAIL  THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE
MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
  (C) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE FOURTH DEGREE IF  THE
FULL  RETAIL VALUE OF THE MERCHANDISE IS AT LEAST A THOUSAND DOLLARS BUT
IS LESS THAN THREE THOUSAND DOLLARS.
  (D) SHOPLIFTING CONSTITUTES PETIT LARCENY IF THE FULL RETAIL VALUE  OF
THE MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.

S. 529                              4

  (E)  THE  VALUE  OF  THE  MERCHANDISE  INVOLVED IN A VIOLATION OF THIS
SECTION MAY BE AGGREGATED IN DETERMINING THE GRADE OF THE OFFENSE  WHERE
THE  ACTS OR CONDUCT CONSTITUTING A VIOLATION WERE COMMITTED PURSUANT TO
ONE SCHEME OR COURSE OF CONDUCT, WHETHER FROM THE SAME PERSON OR SEVERAL
PERSONS,  OR  WERE COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH AN
ORGANIZED RETAIL THEFT ENTERPRISE.
  (F) ANY PERSON WHO POSSESSES OR USES ANY ANTI-SHOPLIFTING OR INVENTORY
CONTROL DEVICE COUNTERMEASURE WITHIN ANY STORE OR OTHER  RETAIL  MERCAN-
TILE ESTABLISHMENT IS GUILTY OF A CLASS B MISDEMEANOR.
  4.  PRESUMPTIONS. ANY PERSON PURPOSELY CONCEALING UNPURCHASED MERCHAN-
DISE OF ANY STORE OR OTHER RETAIL MERCANTILE  ESTABLISHMENT,  EITHER  ON
THE  PREMISES  OR  OUTSIDE  THE  PREMISES  OF SUCH STORE OR OTHER RETAIL
MERCANTILE ESTABLISHMENT, SHALL BE  PRIMA  FACIE  PRESUMED  TO  HAVE  SO
CONCEALED  SUCH MERCHANDISE WITH THE INTENTION OF DEPRIVING THE MERCHANT
OF THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE WITHOUT PAYING THE
FULL RETAIL VALUE THEREOF, AND THE FINDING OF SUCH MERCHANDISE CONCEALED
UPON THE PERSON OR AMONG THE BELONGINGS OF SUCH PERSON  SHALL  BE  PRIMA
FACIE  EVIDENCE  OF PURPOSEFUL CONCEALMENT; AND IF SUCH PERSON CONCEALS,
OR CAUSES TO BE CONCEALED, SUCH MERCHANDISE UPON THE PERSON OR AMONG THE
BELONGINGS OF ANOTHER, THE FINDING OF THE SAME SHALL ALSO BE PRIMA FACIE
EVIDENCE OF WILLFUL CONCEALMENT ON THE PART OF THE PERSON SO  CONCEALING
SUCH MERCHANDISE.
  5.  APPREHENSION. (A) A LAW ENFORCEMENT OFFICER, OR A SPECIAL OFFICER,
OR A MERCHANT, WHO HAS PROBABLE CAUSE FOR BELIEVING THAT  A  PERSON  HAS
WILLFULLY  CONCEALED  UNPURCHASED  MERCHANDISE  AND  THAT  HE OR SHE CAN
RECOVER THE MERCHANDISE BY TAKING THE PERSON INTO CUSTODY, MAY, FOR  THE
PURPOSE  OF  ATTEMPTING TO EFFECT RECOVERY THEREOF, TAKE THE PERSON INTO
CUSTODY AND DETAIN HIM OR HER IN A REASONABLE MANNER FOR NOT MORE THAN A
REASONABLE TIME, AND THE TAKING INTO CUSTODY BY A LAW ENFORCEMENT  OFFI-
CER  OR  SPECIAL OFFICER OR MERCHANT SHALL NOT RENDER SUCH PERSON CRIMI-
NALLY OR CIVILLY LIABLE IN ANY MANNER OR TO ANY EXTENT WHATSOEVER.
  (B) ANY LAW ENFORCEMENT OFFICER MAY ARREST WITHOUT WARRANT ANY  PERSON
HE  OR SHE HAS PROBABLE CAUSE FOR BELIEVING HAS COMMITTED THE OFFENSE OF
SHOPLIFTING AS DEFINED IN THIS SECTION.
  (C) A MERCHANT WHO CAUSES THE ARREST OF A PERSON FOR  SHOPLIFTING,  AS
PROVIDED  FOR IN THIS SECTION, SHALL NOT BE CRIMINALLY OR CIVILLY LIABLE
IN ANY MANNER OR TO ANY EXTENT WHATSOEVER WHERE THE MERCHANT HAS  PROBA-
BLE  CAUSE  FOR BELIEVING THAT THE PERSON ARRESTED COMMITTED THE OFFENSE
OF SHOPLIFTING.
S 155.55 LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE.
  1. A PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE IF  HE
OR  SHE  CONSPIRES WITH OTHERS AS AN ORGANIZER, SUPERVISOR, FINANCIER OR
MANAGER, TO ENGAGE FOR PROFIT IN A SCHEME OR COURSE OF CONDUCT TO EFFEC-
TUATE THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE. LEADER  OF  ORGAN-
IZED  RETAIL  THEFT ENTERPRISE CONSTITUTES LARCENY IN THE SECOND DEGREE.
NOTWITHSTANDING THE PROVISIONS OF SECTION 80.00  OF  THIS  CHAPTER,  THE
COURT MAY IMPOSE A FINE NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS
OR  FIVE TIMES THE RETAIL VALUE OF THE MERCHANDISE SEIZED AT THE TIME OF
THE ARREST, WHICHEVER IS GREATER.
  2. NOTWITHSTANDING THE PROVISIONS OF SECTION 70.35 OF THIS CHAPTER,  A
CONVICTION  OF  LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE SHALL NOT
MERGE WITH THE CONVICTION FOR ANY OFFENSE WHICH IS  THE  OBJECT  OF  THE
CONSPIRACY.  NOTHING  CONTAINED IN THIS SECTION SHALL PROHIBIT THE COURT
FROM IMPOSING AN EXTENDED TERM PURSUANT TO ARTICLE SEVENTY OF THIS CHAP-
TER; NOR SHALL THIS SECTION BE CONSTRUED IN ANY WAY TO PRECLUDE OR LIMIT
THE PROSECUTION OR CONVICTION OF ANY PERSON FOR CONSPIRACY UNDER ARTICLE

S. 529                              5

ONE HUNDRED FIVE OF THIS CHAPTER, OR ANY PROSECUTION OR  CONVICTION  FOR
ANY OTHER OFFENSE.
  3. IT SHALL NOT BE NECESSARY IN ANY PROSECUTION UNDER THIS SECTION FOR
THE  STATE  TO PROVE THAT ANY INTENDED PROFIT WAS ACTUALLY REALIZED. THE
TRIER OF FACT MAY INFER THAT A PARTICULAR SCHEME OR  COURSE  OF  CONDUCT
WAS  UNDERTAKEN  FOR  PROFIT  FROM  ALL  OF THE ATTENDING CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO THE  NUMBER  OF  PERSONS  INVOLVED  IN  THE
SCHEME  OR  COURSE  OF  CONDUCT,  THE  ACTOR'S  NET WORTH AND HIS OR HER
EXPENDITURES IN RELATION TO HIS OR HER LEGITIMATE SOURCES OF INCOME, THE
AMOUNT OF MERCHANDISE INVOLVED,  OR  THE  AMOUNT  OF  CASH  OR  CURRENCY
INVOLVED.
  4.  IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT
ANY SHOPLIFTED MERCHANDISE WAS BROUGHT INTO OR TRANSPORTED IN THIS STATE
SOLELY FOR ULTIMATE DISTRIBUTION IN ANOTHER JURISDICTION; NOR  SHALL  IT
BE  A  DEFENSE THAT ANY PROFIT WAS INTENDED TO BE MADE IN ANOTHER JURIS-
DICTION.
  S 3. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
S 155.40 Grand larceny in the second degree.
  A person is guilty of grand larceny in the second degree  when  he  OR
SHE steals property and when:
  1.  [The]  THE  value  of the property exceeds fifty thousand dollars;
[or]
  2. [The] THE property, regardless of its nature and value, is obtained
by extortion committed by instilling in the victim a fear that the actor
or another person will (a) cause physical injury to some person  in  the
future,  or (b) cause damage to property, or (c) use or abuse his OR HER
position as a public servant by engaging in conduct within or related to
his OR HER official duties, or by failing  or  refusing  to  perform  an
official duty, in such manner as to affect some person adversely; OR
  3.  THE  PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE AS
PROVIDED IN SECTION 155.55 OF THIS ARTICLE.
  Grand larceny in the second degree is a class C felony.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART B

  Section  1.  The penal law is amended by adding a new section 70.16 to
read as follows:
S 70.16 SENTENCES OF IMPRISONMENT OR FINES FOR  A  PATTERN  OF  CRIMINAL
           OFFENSE.
  1.  DEFINITION  OF PATTERN OF CRIMINAL OFFENSE. A "PATTERN OF CRIMINAL
OFFENSE" MEANS TWO OR MORE CRIMINAL OFFENSES ARE COMMITTED AND:
  (A) ARE PART OF THE SAME PLAN, SCHEME OR ADVENTURE;
  (B) ARE A SEQUENCE OF TWO  OR  MORE  OF  THE  SAME  CRIMINAL  OFFENSES
COMMITTED  AND ARE NOT SEPARATED BY AN INTERVAL OF MORE THAN THIRTY DAYS
BETWEEN THE FIRST AND SECOND OFFENSE, THE SECOND AND THIRD, AND  SO  ON;
OR
  (C)  EACH  PROCEEDS FROM OR POSSESSES AN ANTECEDENT ELEMENT OF A PRIOR
INCIDENT OR PATTERN OF FRAUD, ROBBERY, BURGLARY, THEFT, IDENTITY  THEFT,
RECEIPT  OF STOLEN PROPERTY, FALSE PERSONATING, FALSE PRETENSES, OBTAIN-
ING PROPERTY BY TRICK OR DECEPTION, USING A CREDIT CARD  OR  DEBIT  CARD
WITHOUT  CONSENT,  OR  THE MAKING, TRANSFERRING OR RECEIPT OF A FALSE OR
FRAUDULENT IDENTIFICATION CARD.

S. 529                              6

  2. AUTHORIZED SENTENCE. WHEN THE COURT HAS FOUND  THAT  A  PERSON  HAS
ENGAGED  IN  A  PATTERN  OF CRIMINAL OFFENSES IN TWO OR MORE COUNTIES IN
THIS STATE OR WHO ATTEMPTED OR CONSPIRED WITH  OTHERS  TO  ENGAGE  IN  A
PATTERN OF CRIMINAL OFFENSES, THE COURT MAY IMPOSE:
  (A)  A SENTENCE OF IMPRISONMENT IN THE DEPARTMENT OF CORRECTIONS FOR A
TERM NOT EXCEEDING TWO YEARS;
  (B) A SENTENCE OF IMPRISONMENT IN THE  COUNTY  JAIL  FOR  A  TERM  NOT
EXCEEDING ONE YEAR;
  (C) A FINE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS; OR
  (D)  BOTH,  A  FINE  IN  AN  AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND
DOLLARS AND IMPRISONMENT.
  SUCH PUNISHMENT SHALL BE IN ADDITION TO ANY PENALTY  IMPOSED  FOR  ANY
OFFENSE INVOLVED IN THE PATTERN OF CRIMINAL OFFENSES.
  3. JURISDICTION AND VENUE. (A) A PERSON MAY BE PROSECUTED FOR CRIMINAL
ACTIONS  WITH  RESPECT TO EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED
WITHIN A PATTERN OF CRIMINAL OFFENSES AS DEFINED IN SUBDIVISION  ONE  OF
THIS  SECTION, 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 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.
  (B)  SUBDIVISION  TWO  OF 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. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section  1.  Section  155.30 of the penal law is amended by adding two
new subdivisions 1-a and 1-b to read as follows:
  1-A. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT  AS
DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL BUSINESS LAW AND
THE  AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE ADVER-
TISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
  1-B. THE PROPERTY IS STOLEN BY ONE PERSON, OR BY TWO OR  MORE  PERSONS
WORKING  IN  ASSOCIATION,  FROM  ONE  OR MORE THAN ONE RETAIL MERCANTILE
ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL
BUSINESS LAW WITHIN A PERIOD OF THIRTY DAYS OR LESS  BETWEEN  THE  FIRST
AND  SECOND  EPISODE,  THE  SECOND AND THIRD EPISODE, AND SO ON, AND THE
AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE  ADVERTISED
RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
  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.

                                 PART D

  Section  1. Section 155.30 of the penal law is amended by adding a new
subdivision 14 to read as follows:
  14. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
TO FACILITATE THE THEFT, THE PERSON LEAVES THE RETAIL MERCANTILE  ESTAB-
LISHMENT  WITH  SUCH PROPERTY BY USE OF A DESIGNATED EMERGENCY EXIT. FOR
THE PURPOSES OF THIS SUBDIVISION, THE TERM "RETAIL MERCANTILE ESTABLISH-
MENT" SHALL MEAN A PLACE WHERE GOODS, WARES OR MERCHANDISE  ARE  OFFERED
TO THE PUBLIC FOR SALE.

S. 529                              7

  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART E

  Section  1. Section 155.30 of the penal law is amended by adding a new
subdivision 15 to read as follows:
  15. THE PROPERTY IS TAKEN BY A PERSON  WHO  IS  IN  POSSESSION  OF  AN
ANTI-SECURITY ITEM. FOR THE PURPOSES OF THIS SUBDIVISION AN "ANTI-SECUR-
ITY  ITEM"  IS DEFINED AS AN ITEM DESIGNED FOR THE PURPOSE OF OVERCOMING
DETECTION OF SECURITY MARKINGS OR ATTACHMENTS PLACED ON PROPERTY OFFERED
FOR SALE AT SUCH AN ESTABLISHMENT.
  S 2. Section 170.47 of the penal law, as added by chapter 580  of  the
laws of 1983, is amended to read as follows:
S 170.47 Criminal possession of an anti-security item.
  A  person  is  guilty of criminal possession of an anti-security item,
when with intent to steal property at a retail mercantile  establishment
as  defined  in  article twelve-B of the general business law, he OR SHE
knowingly possesses in such an establishment an item  designed  for  the
purpose  of  overcoming  detection  of  security markings or attachments
placed on property offered for sale at such an establishment.
  Criminal possession of an anti-security item is a class [B]  A  misde-
meanor.
  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.

                                 PART F

  Section  1.  The  penal  law  is  amended  by adding four new sections
165.80, 165.81, 165.82 and 165.83 to read as follows:
S 165.80 DEFINITIONS; APPLICATION TO  OFFENSES  REGARDING  RETAIL  SALES
           RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS.
  AS  USED  IN  SECTIONS  165.81, 165.82 AND 165.83, THE FOLLOWING TERMS
HAVE THE FOLLOWING MEANINGS:
  1. THE TERM "RETAIL SALES RECEIPT" MEANS ANY HANDWRITTEN OR MACHINE OR
COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER TO  ACKNOWL-
EDGE PAYMENT RECEIVED BY A CUSTOMER.
  2.  THE  TERM "UNIFORM PRODUCT CODE LABEL" MEANS ANY BAR CODE OR OTHER
CODING SYSTEM DESIGNED TO BE READ BY  COMPUTER  WHICH  CONTAINS  PRICING
INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND READ BY
A  COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING SALE PRICE
OF A GOOD.
S 165.81 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT  CODE  FRAUD  IN  THE
           SECOND DEGREE.
  A  PERSON  IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
FRAUD IN THE SECOND DEGREE WHEN, WITH INTENT TO  DECEIVE  OR  DEFRAUD  A
PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
SHE  USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A RETAIL
SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE  FRAUD  IN  THE  SECOND
DEGREE IS A CLASS A MISDEMEANOR.
S  165.82  RETAIL  SALES  RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL  PRODUCT  CODE
FRAUD  IN  THE  FIRST  DEGREE  WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR

S. 529                              8

SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR  REPRODUCES  FIFTEEN
OR  MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR COMBINATION
THEREOF KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL  SALES  RECEIPT  OR  UNIVERSAL  PRODUCT CODE FRAUD IN THE FIRST
DEGREE IS A CLASS E FELONY.
S 165.83 POSSESSION OF A FRAUDULENT RETAIL SALES  RECEIPT  OR  UNIVERSAL
           PRODUCT CODE MANUFACTURING DEVICE.
  A  PERSON IS GUILTY OF POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT
OR UNIVERSAL PRODUCT CODE MANUFACTURING  DEVICE  WHEN,  WITH  INTENT  TO
DECEIVE  OR  DEFRAUD  A  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
GOODS OR SERVICES, HE OR SHE POSSESSES A DEVICE THAT MANUFACTURES  FRAU-
DULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS.
  POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART G

  Section 1. Section 38 of the general business law, as added by chapter
282 of the laws of 1995, is amended to read as follows:
  S  38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
ER, an authorized manufacturer's representative, or authorized distribu-
tor, shall offer for sale any of the following items:
  1. [Food manufactured and packaged for sale for consumption by a child
under the age of two years; or
  2. Drugs as defined in section three thousand three hundred two of the
public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD  MANUFACTURED
AND  PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
  2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY  NON-NARCOTIC  MEDI-
CINE  OR  DRUG  THAT  MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
INCLUDE ANY DRUGS COMMONLY KNOWN  AS  "OVER-THE-COUNTER  DRUGS,"  HERBAL
PRODUCTS,  DIETARY  SUPPLEMENTS,  BOTANICAL  EXTRACTS,  AND VITAMINS AND
SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO-
EIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES,  OR  OFFI-
CIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
  3.  COSMETICS,  WHICH  SHALL  MEAN  MERCHANDISE,  OTHER THAN SOAP, BUT
INCLUDING RAZOR BLADES, THAT IS INTENDED TO BE  RUBBED,  POURED,  SPRIN-
KLED,  OR  SPRAYED  ONTO,  INTRODUCED  INTO, OR OTHERWISE APPLIED TO THE
HUMAN BODY OR ANY PART THEREOF  FOR  CLEANSING,  BEAUTIFYING,  PROMOTING
ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
THEREOF; OR
  4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
POWER.
  S 2. This act shall take effect immediately.

                                 PART H

  Section 1. The opening paragraph of section 155.30 of the  penal  law,
as  amended  by  chapter  515 of the laws of 1986, is amended to read as
follows:
  A person is guilty of grand larceny in the fourth degree  when  he  OR
SHE steals property OR FRAUDULENTLY OBTAINS PROPERTY and when:

S. 529                              9

  S  2.  Section  155.30  of  the penal law is amended by adding two new
subdivisions 12 and 13 to read as follows:
  12. THE VALUE OF THE PROPERTY OR AGGREGATED VALUE EXCEEDS ONE THOUSAND
DOLLARS  AND  THE  PERSON  HAD  THE INTENT TO RESELL SUCH PROPERTY ON AN
ONLINE MARKETPLACE.
  FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION THIRTEEN OF  THIS
SECTION, "ONLINE MARKETPLACE" SHALL MEAN AN INTERNET SITE USED TO FACIL-
ITATE  THE  SALE OF GOODS AND SERVICES, INCLUDING ANY INTERNET SITE USED
FOR AUCTIONS THAT ARE OPERATED BY  ANY  BUYER,  SELLER,  OR  THIRD-PARTY
INTERMEDIARY.
  13. THE PERSON SELLS, ATTEMPTS TO SELL, OR POSSESSES STOLEN OR FRAUDU-
LENTLY  OBTAINED   PROPERTY WITH AN INTENT TO RESELL SUCH PROPERTY ON AN
ONLINE MARKETPLACE, AND SUCH PERSON KNEW OR SHOULD HAVE KNOWN THAT  SUCH
PROPERTY WAS STOLEN.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective dates of Parts A through H of this act shall be
as specifically set forth in the last section of such Parts.

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