senate Bill S6959A

2011-2012 Legislative Session

Creates a crime of leading a retail theft enterprise

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
Jun 11, 2012 amended on third reading (t) 6959b
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.929
Apr 19, 2012 print number 6959a
amend and recommit to consumer protection
Apr 16, 2012 referred to consumer protection

Votes

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May 30, 2012 - Consumer Protection committee Vote

S6959A
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 30, 2012

aye wr (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6959 - Details

See Assembly Version of this Bill:
A10326
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §155.50, amd §155.40, Pen L

S6959 - Summary

Creates a crime of leading a retail theft enterprise.

S6959 - Sponsor Memo

S6959 - Bill Text download pdf

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

                                  6959

                            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 leading a retail theft enterprise

  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 a new section
527 to read as follows:
  S 527. LEADING AN ORGANIZED RETAIL THEFT ENTERPRISE.  1. A  PERSON  IS
GUILTY  OF  LEADING  AN  ORGANIZED  RETAIL THEFT ENTERPRISE IF HE OR SHE
CONSPIRES WITH OTHERS AS AN ORGANIZER, SUPERVISOR, FINANCIER OR MANAGER,
TO ENGAGE FOR PROFIT IN ORGANIZED RETAIL CRIME OR IN A SCHEME OR  COURSE
OF CONDUCT TO EFFECTUATE THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE.
LEADING  AN ORGANIZED RETAIL THEFT ENTERPRISE CONSTITUTES LARCENY IN THE
SECOND DEGREE. NOTWITHSTANDING THE PROVISIONS OF SECTION  80.00  OF  THE
PENAL  LAW,  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 THE PENAL LAW, 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 THE  PENAL
LAW; NOR SHALL THIS SECTION BE CONSTRUED IN ANY WAY TO PRECLUDE OR LIMIT
THE PROSECUTION OR CONVICTION OF ANY PERSON FOR CONSPIRACY UNDER ARTICLE
ONE  HUNDRED FIVE OF THE PENAL LAW, 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

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

Co-Sponsors

S6959A - Details

See Assembly Version of this Bill:
A10326
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §155.50, amd §155.40, Pen L

S6959A - Summary

Creates a crime of leading a retail theft enterprise.

S6959A - Sponsor Memo

S6959A - Bill Text download pdf

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

                                 6959--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 leading a retail theft enterprise

  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 a new section
393-e to read as follows:
  S 393-E. LEADING AN ORGANIZED RETAIL THEFT ENTERPRISE.  1. A PERSON IS
GUILTY OF LEADING AN ORGANIZED RETAIL THEFT  ENTERPRISE  IF  HE  OR  SHE
CONSPIRES WITH OTHERS AS AN ORGANIZER, SUPERVISOR, FINANCIER OR MANAGER,
TO  ENGAGE FOR PROFIT IN ORGANIZED RETAIL CRIME OR IN A SCHEME OR COURSE
OF CONDUCT TO EFFECTUATE THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE.
LEADING AN ORGANIZED RETAIL THEFT ENTERPRISE CONSTITUTES LARCENY IN  THE
SECOND  DEGREE.  NOTWITHSTANDING  THE PROVISIONS OF SECTION 80.00 OF THE
PENAL LAW, 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 THE PENAL LAW, 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 THE PENAL
LAW; NOR SHALL THIS SECTION BE CONSTRUED IN ANY WAY TO PRECLUDE OR LIMIT
THE PROSECUTION OR CONVICTION OF ANY PERSON FOR CONSPIRACY UNDER ARTICLE
ONE HUNDRED FIVE OF THE PENAL LAW, 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

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

Co-Sponsors

S6959B (ACTIVE) - Details

See Assembly Version of this Bill:
A10326
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §155.50, amd §155.40, Pen L

S6959B (ACTIVE) - Summary

Creates a crime of leading a retail theft enterprise.

S6959B (ACTIVE) - Sponsor Memo

S6959B (ACTIVE) - Bill Text download pdf

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

                                 6959--B
    Cal. No. 929

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sens. ZELDIN, VALESKY -- 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 -- 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

AN  ACT to amend the penal law, in relation to creating a crime of lead-
  ing a retail theft enterprise

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

  Section 1.  The penal law is amended by adding a new section 155.50 to
read as follows:
S 155.50 LEADING AN ORGANIZED RETAIL THEFT ENTERPRISE.
  1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ANTI-SHOPLIFTING  OR  INVENTORY  CONTROL  DEVICE  COUNTERMEASURE"
SHALL MEAN ANY ITEM OR DEVICE WHICH IS DESIGNED, MANUFACTURED, MODIFIED,
OR ALTERED TO DEFEAT ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE;
  (B)  "CONCEAL"  SHALL  MEAN  TO  HIDE,  COVER,  OR  OTHERWISE DISGUISE
MERCHANDISE SO THAT, ALTHOUGH THERE MAY BE SOME NOTICE OF ITS  PRESENCE,
IT IS NOT VISIBLE THROUGH ORDINARY OBSERVATION;
  (C) "FULL RETAIL VALUE" SHALL MEAN THE MERCHANT'S STATED OR ADVERTISED
PRICE OF THE MERCHANDISE;
  (D)  "MERCHANDISE" SHALL MEAN ANY GOODS, CHATTELS, FOODSTUFFS OR WARES
OF ANY TYPE AND DESCRIPTION, REGARDLESS OF THE VALUE THEREOF;
  (E) "MERCHANT" SHALL MEAN ANY OWNER OR OPERATOR OF ANY STORE OR  OTHER
RETAIL   MERCANTILE  ESTABLISHMENT,  OR  ANY  AGENT,  EMPLOYEE,  LESSEE,
CONSIGNEE, OFFICER, DIRECTOR, FRANCHISEE, OR INDEPENDENT  CONTRACTOR  OF
SUCH OWNER OR PROPRIETOR;
  (F)  "ORGANIZED  RETAIL  THEFT" SHALL MEAN (1) 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 OR OTHER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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