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Senate Bill S6955A

2011-2012 Legislative Session

Creates the crime of fraudulent retail sales receipts or universal product code fraud

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2011-S6955 - Details

See Assembly Version of this Bill:
A10325
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §§393-e - 393-g, Gen Bus L; add §§165.80 - 165.82, Pen L

2011-S6955 - Summary

Creates the crime of fraudulent retail sales receipts or universal product code fraud.

2011-S6955 - Sponsor Memo

2011-S6955 - Bill Text download pdf

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

                                  6955

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the penal law, in  relation
  to creating a crime of retail sales receipt fraud or universal product
  code fraud

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

  Section 1. The general business law is amended  by  adding  three  new
sections 527, 528 and 529 to read as follows:
  S  527.  RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
THE SECOND DEGREE.  A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD  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, COUNTER-
FEITS OR REPRODUCES A RETAIL SALES RECEIPT  OR  UNIVERSAL  PRODUCT  CODE
KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL  SALES  RECEIPT  FRAUD  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE
SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S 528. RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE  FRAUD  IN
THE  FIRST DEGREE.   A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD 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 SHE USES, TRANSFERS,  MAKES,  ALTERS,  COUNTER-
FEITS  OR  REPRODUCES FIFTEEN OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL
PRODUCT CODES OR COMBINATION THEREOF KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
FIRST DEGREE IS A CLASS E FELONY.
  S 529. 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 MANUFACTUR-
ING DEVICE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A  PERSON  OR  PERSON
ENGAGED  IN  THE RETAIL SALE OF GOODS OR SERVICES, HE OR SHE POSSESSES A
DEVICE THAT MANUFACTURES FRAUDULENT RETAIL SALES RECEIPTS  OR  UNIVERSAL
PRODUCT CODE LABELS.

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

2011-S6955A (ACTIVE) - Details

See Assembly Version of this Bill:
A10325
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §§393-e - 393-g, Gen Bus L; add §§165.80 - 165.82, Pen L

2011-S6955A (ACTIVE) - Summary

Creates the crime of fraudulent retail sales receipts or universal product code fraud.

2011-S6955A (ACTIVE) - Sponsor Memo

2011-S6955A (ACTIVE) - Bill Text download pdf

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

                                 6955--A

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law and the penal law, in  relation
  to creating a crime of retail sales receipt fraud or universal product
  code fraud

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

  Section 1. The general business law is amended  by  adding  three  new
sections 393-e, 393-f and 393-g to read as follows:
  S 393-E. RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
THE  SECOND DEGREE.  A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD 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,  COUNTER-
FEITS  OR  REPRODUCES  A  RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S 393-F. RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
THE  FIRST DEGREE.   A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD 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 SHE USES, TRANSFERS,  MAKES,  ALTERS,  COUNTER-
FEITS  OR  REPRODUCES FIFTEEN OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL
PRODUCT CODES OR COMBINATION THEREOF KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
FIRST DEGREE IS A CLASS E FELONY.
  S 393-G. 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 MANUFACTUR-
ING DEVICE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A  PERSON  OR  PERSON
ENGAGED  IN  THE RETAIL SALE OF GOODS OR SERVICES, HE OR SHE POSSESSES A

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

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