senate Bill S6955A

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.925
Apr 19, 2012 print number 6955a
amend and recommit to consumer protection
Apr 16, 2012 referred to consumer protection

Votes

view votes

May 30, 2012 - Consumer Protection committee Vote

S6955A
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 30, 2012

Bill Amendments

Original
A (Active)
Original
A (Active)

S6955 - Bill Details

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

S6955 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6955

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill prohibits retail sales receipt fraud and universal product
code fraud and provides for criminal penalties for such crimes.

SUMMARY OF PROVISIONS:
Section One amends the general business law by adding new sections
527, 528, and 529 which define and prohibit retail sales receipt
fraud or universal product code fraud in the second degree, retail
sales receipt fraud or universal product code fraud in the first
degree, and possession of fraudulent retail sales receipt or
universal product code manufacturing devices respectively.

Section Two makes corresponding amendments to the penal law by adding
new sections 165.80, 165.81, and 165.82. Retail sales receipt fraud
or universal product code fraud in the second degree is classified as
a class A misdemeanor. Retail sales receipt fraud or universal
product code fraud in the first degree is classified as a class E
felony. Possession of fraudulent retail sales receipt or universal
product code manufacturing devices is also classified as a class E
felony.

Section Three is the effective date.

JUSTIFICATION:
According to the Federal Bureau of Investigation, organized 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
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.
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.

Organized retail crime groups have employed numerous tactics to
defraud retailers and obtain merchandise. Receipt fraud and Uniform
Product Code (UPC) fraud are some of the emerging tactic used by
these criminals. In receipt fraud, thieves steal merchandise, create
counterfeit receipts, and collect money off of their fraudulent
returns. In UPC fraud, thieves transfer, make, or alter counterfeit
UPC labels and then purchase items at below cost. By amending the
general business law and the penal law to criminalize this type of
scheme, organized retail crime can be further deterred.

LEGISLATIVE HISTORY:
New bill.

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 full 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.
                                                           LBD15279-02-2

S. 6955                             2

  POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
  S  2. The penal law is amended by adding 3 new sections 165.80, 165.81
and 165.82 to read as follows:
S 165.80 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,  COUNTERFEITS  OR  REPRODUCES  A
RETAIL  SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUN-
TERFEIT.
  (1) THE TERM "RETAIL SALES RECEIPT"  SHALL  MEAN  ANY  HANDWRITTEN  OR
MACHINE  OR  COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
  (2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR  CODE  OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING  INFORMATION  AND  OTHER  RELATED INFORMATION USED BY A RETAILER AND
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
  RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 165.81 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, COUNTERFEITS OR REPRODUCES FIFTEEN
OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR  COMBINATION
THEREOF KNOWING SUCH TO BE COUNTERFEIT.
  (1)  THE  TERM  "RETAIL  SALES  RECEIPT" SHALL MEAN ANY HANDWRITTEN OR
MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY  A  RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
  (2)  THE  TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING INFORMATION AND OTHER RELATED INFORMATION USED  BY  A  RETAILER  AND
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
  RETAIL  SALES  RECEIPT  FRAUD  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE
FIRST DEGREE IS A CLASS E FELONY.
S 165.82 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 PERSON 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.
  (1)  THE  TERM  "RETAIL  SALES  RECEIPT" SHALL MEAN ANY HANDWRITTEN OR
MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY  A  RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
  (2)  THE  TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING INFORMATION AND OTHER RELATED INFORMATION USED  BY  A  RETAILER  AND
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.

S. 6955                             3

  POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
  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.

S6955A (ACTIVE) - Bill Details

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

S6955A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6955A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill prohibits retail sales receipt fraud and universal product
code fraud and provides for criminal penalties for such crimes.

SUMMARY OF PROVISIONS:
Section One amends the general business law by adding, new sections
393-e, 393-f and 393-g which define and prohibit retail sales receipt
fraud or universal product code fraud in the second degree, retail
sales receipt fraud or universal product code fraud in the first
degree, and possession of fraudulent retail sales receipt or universal
product code manufacturing devices respectively.

Section Two makes corresponding amendments to the penal law by adding
new sections 165.80, 165.81, and 165.82. Retail sales receipt fraud or
universal product code fraud in the second degree is classified as a
class A misdemeanor. Retail sales receipt fraud or universal product
code fraud in the first degree is classified as a class E felony.
Possession of fraudulent retail sales receipt or universal product
code manufacturing devices is also classified as a class E felony.

Section Three is the effective date.

JUSTIFICATION:
According to the Federal Bureau of Investigation, organized 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
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. 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.

Organized retail crime groups have employed numerous tactics to
defraud retailers and obtain merchandise. Receipt fraud and Uniform
Product Code (UPC) fraud are some of the emerging tactic used by these
criminals. In receipt fraud, thieves steal merchandise, create
counterfeit receipts, and collect money off of their fraudulent
returns. In UPC fraud, thieves transfer, make, or alter counterfeit
UPC labels and then purchase items at below cost. By amending the


general business law and the penal law to criminalize this type of
scheme, organized retail crime can be further deterred.

LEGISLATIVE HISTORY:
New bill.

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 full 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.
                                                           LBD15279-03-2

S. 6955--A                          2

DEVICE THAT MANUFACTURES FRAUDULENT 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. The penal law is amended by adding  three  new  sections  165.80,
165.81 and 165.82 to read as follows:
S 165.80 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, COUNTERFEITS OR REPRODUCES A
RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE  COUN-
TERFEIT.
  (1)  THE  TERM  "RETAIL  SALES  RECEIPT" SHALL MEAN ANY HANDWRITTEN OR
MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY  A  RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
  (2)  THE  TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING INFORMATION AND OTHER RELATED INFORMATION USED  BY  A  RETAILER  AND
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
  RETAIL  SALES  RECEIPT  FRAUD  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE
SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 165.81 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, COUNTERFEITS OR  REPRODUCES  FIFTEEN
OR  MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR COMBINATION
THEREOF KNOWING SUCH TO BE COUNTERFEIT.
  (1) THE TERM "RETAIL SALES RECEIPT"  SHALL  MEAN  ANY  HANDWRITTEN  OR
MACHINE  OR  COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
  (2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR  CODE  OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING  INFORMATION  AND  OTHER  RELATED INFORMATION USED BY A RETAILER AND
READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
  RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
FIRST DEGREE IS A CLASS E FELONY.
S 165.82 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 PERSON 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.
  (1) THE TERM "RETAIL SALES RECEIPT"  SHALL  MEAN  ANY  HANDWRITTEN  OR
MACHINE  OR  COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
  (2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR  CODE  OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING  INFORMATION  AND  OTHER  RELATED INFORMATION USED BY A RETAILER AND

S. 6955--A                          3

READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
SALE PRICE OF A GOOD.
  POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
  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.

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.