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Assembly Bill A4274B

2013-2014 Legislative Session

Relates to jurisdiction and venue for organized retail theft crimes

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A4274 - Details

See Senate Version of this Bill:
S2926
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2015-2016 Legislative Session:
A6503, S3822

2013-A4274 - Summary

Relates to jurisdiction and venue for organized retail theft crimes.

2013-A4274 - Bill Text download pdf 

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

                                  4274

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to establishing jurisdiction
  and venue for a pattern of criminal offenses

  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 70.16 to
read as follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF ORGANIZED  RETAIL  CRIME
          OFFENSES.
  1.  A  PERSON  MAY  BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME,  OR  ADVENTURE  OF
ORGANIZED  RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMI-
NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
OF CRIMINAL ACTIVITY. ONE DISTRICT COURT OR  COUNTY  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.
  2. 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.
  3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
ILLEGAL MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT  NORMALLY
BE  PURCHASED  FOR  PERSONAL  USE  OR  CONSUMPTION,  FOR THE PURPOSES OF
RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL  MERCHANDISE  IN
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.
                                                           LBD01061-01-3

2013-A4274A - Details

See Senate Version of this Bill:
S2926
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2015-2016 Legislative Session:
A6503, S3822

2013-A4274A - Summary

Relates to jurisdiction and venue for organized retail theft crimes.

2013-A4274A - Bill Text download pdf 

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

                                 4274--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to  establishing
  jurisdiction and venue for a pattern of criminal offenses

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

  Section 1. Subdivision 4 of section 20.40 of  the  criminal  procedure
law is amended by adding a new paragraph (n) to read as follows:
  (N)  A  PERSON  MAY  BE  PROSECUTED  FOR  EACH OF THE ALLEGED CRIMINAL
OFFENSES INCLUDED WITHIN A PATTERN OF CRIMINAL OFFENSES THAT ARE PART OF
THE SAME PLAN, SCHEME, OR VENTURE OF  ORGANIZED  RETAIL  CRIME,  IN  ANY
COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH
OFFENSE  IS  PART  OF  THE  ALLEGED  PATTERN OF CRIMINAL ACTIVITY.   FOR
PURPOSES OF THIS PARAGRAPH, ORGANIZED RETAIL CRIME SHALL MEAN THE STEAL-
ING, EMBEZZLEMENT, OR OBTAINING BY  FRAUD,  FALSE  PRETENSES,  OR  OTHER
ILLEGAL  MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMALLY
BE PURCHASED FOR PERSONAL  USE  OR  CONSUMPTION,  FOR  THE  PURPOSES  OF
RESELLING,  TRADING,  OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
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.
                                                           LBD01061-03-3

co-Sponsors

2013-A4274B (ACTIVE) - Details

See Senate Version of this Bill:
S2926
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2015-2016 Legislative Session:
A6503, S3822

2013-A4274B (ACTIVE) - Summary

Relates to jurisdiction and venue for organized retail theft crimes.

2013-A4274B (ACTIVE) - Bill Text download pdf 

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

                                 4274--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT to amend the criminal procedure law, in relation to  establishing
  jurisdiction and venue for organized retail theft crimes

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

  Section 1. Subdivision 4 of section 20.40 of  the  criminal  procedure
law is amended by adding a new paragraph (n) to read as follows:
  (N)  (I)  AN  ORGANIZED  RETAIL THEFT CRIME, WHERE THE DEFENDANT KNOWS
THAT SUCH CRIME IS A PART OF A COORDINATED PLAN, SCHEME  OR  VENTURE  OF
ORGANIZED  RETAIL  THEFT CRIMES COMMITTED BY TWO OR MORE PERSONS, MAY BE
PROSECUTED IN ANY COUNTY IN WHICH AT LEAST  ONE  SUCH  ORGANIZED  RETAIL
THEFT  CRIME WAS COMMITTED; PROVIDED, HOWEVER, THAT THE COUNTY OF PROSE-
CUTION IS CONTIGUOUS TO ANOTHER COUNTY IN WHICH  ONE  OR  MORE  OF  SUCH
OTHER  ORGANIZED RETAIL THEFT CRIMES WAS COMMITTED. FOR PURPOSES OF THIS
PARAGRAPH, THE FIVE COUNTIES THAT COMPRISE NEW YORK CITY SHALL BE DEEMED
CONTIGUOUS WITH EACH OTHER.
  (II) FOR PURPOSES OF THIS PARAGRAPH, "ORGANIZED  RETAIL  THEFT  CRIME"
SHALL  MEAN  AND  INCLUDE  A  CRIME UNDER THIS CHAPTER THAT INVOLVES THE
LARCENY, EMBEZZLEMENT OR OBTAINING BY FRAUD, FALSE  PRETENSES  OR  OTHER
ILLEGAL MEANS OF RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMAL-
LY  BE  PURCHASED  FOR  PERSONAL USE OR CONSUMPTION, FOR THE PURPOSES OF
RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL  MERCHANDISE  IN
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.
                                                           LBD01061-04-3

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