senate Bill S2926B

2013-2014 Legislative Session

Relates to jurisdiction and venue for organized retail theft crimes

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Sponsored By

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

view actions (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 11, 2014 ordered to third reading cal.1318
committee discharged and committed to rules
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 13, 2013 referred to codes
returned to assembly
repassed senate
Jun 10, 2013 amended on third reading (t) 2926b
Jun 10, 2013 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Apr 22, 2013 referred to codes
delivered to assembly
passed senate
Apr 15, 2013 amended on third reading (t) 2926a
Mar 20, 2013 advanced to third reading
Mar 19, 2013 2nd report cal.
Mar 18, 2013 1st report cal.212
Mar 12, 2013 reported and committed to consumer protection
Jan 25, 2013 referred to codes

Votes

view votes

Jun 11, 2014 - Rules committee Vote

S2926B
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Mar 18, 2013 - Consumer Protection committee Vote

S2926
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Mar 12, 2013 - Codes committee Vote

S2926
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

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

Co-Sponsors

S2926 - Bill Details

See Assembly Version of this Bill:
A4274B
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2011-2012 Legislative Session:
S6958C, A10507A

S2926 - Bill Texts

view summary

Relates to jurisdiction and venue for organized retail theft crimes.

view sponsor memo
BILL NUMBER:S2926

TITLE OF BILL: An act to amend the penal law, in relation to establish-
ing jurisdiction and venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL: This bill relates to jurisdiction and
venue for a pattern of criminal offenses, granting jurisdiction to any
county when at least one of the crimes constituting a pattern occurs
within that county.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section 70.16 which
provides that a person may be prosecuted for criminal actions with
respect to each of the alleged criminal offenses included within a
pattern of criminal offenses that are part of the same plan, scheme ox
adventure, in any county where at least one of the alleged criminal
offenses has occurred when such offense is part of the alleged pattern
of criminal activity.

Section Two is the effective date.

JUSTIFICATION: This bill is part of a package of legislation that seeks
to cut down on patterns of criminal activity that rise to the level of
"organized retail theft". According to the Federal Bureau of Investi-
gation, organized retail theft 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 retail-
ers specifically hundreds of millions of dollars annually and, more
importantly, compromise the health, safety, and welfare of unsuspecting
New York consumers. For every item stolen, New York 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 supermar-
kets. It's a crime that has grown substantially over the past decade,
and has continued to grow 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.

This legislation amends the penal law to allow crimes falling under the
definition of organized retail theft to be prosecuted in any county
where at least one alleged offense that is part of the pattern of activ-
ity has occurred. Under this legislation, one district court would be
granted jurisdiction over all criminal offenses, persons, and property
that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional limita-
tions under our current penal system and avoid committing multiple
offenses in the same county to avoid harsher penalties. This bill would

give law enforcement officials another tool in curbing organized retail
crime.

LEGISLATIVE HISTORY: S.6958C of 2012 passed in the Senate/ A.10507A
Referred to Codes

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
________________________________________________________________________

                                  2926

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens. ZELDIN, MAZIARZ -- 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 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

Co-Sponsors

S2926A - Bill Details

See Assembly Version of this Bill:
A4274B
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2011-2012 Legislative Session:
S6958C, A10507A

S2926A - Bill Texts

view summary

Relates to jurisdiction and venue for organized retail theft crimes.

view sponsor memo
BILL NUMBER:S2926A

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to establishing jurisdiction and venue for a pattern of
criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:

This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction to any county when at least one of the
crimes constituting a pattern occurs within that county.

SUMMARY OF PROVISIONS:

Section One amends the criminal procedure law by adding a new section
20.40(n) which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses included
within a pattern of criminal offenses that are part of the same plan,
scheme or venture, in any county where at least one of the alleged
criminal offenses has occurred when such offense is part of the
alleged pattern of criminal activity.

Section Two is the effective date.

JUSTIFICATION:

This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft 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
specifically hundreds of millions of dollars annually and, more
importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York 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, and has continued to grow 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.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county where at least one alleged offense that is part of the pattern
of activity has occurred. Under this legislation, one district court
would be granted jurisdiction over all criminal offenses, persons, and
property that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional
limitations under our current penal system and avoid committing
multiple offenses in the same county to avoid harsher penalties. This
bill would give law enforcement officials another tool in curbing
organized retail crime.


LEGISLATIVE HISTORY:

S.6958C of 2012 passed in the Senate/ A.10507A Referred to Codes

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
________________________________________________________________________

                                 2926--A
    Cal. No. 212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens.  ZELDIN, MAZIARZ, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from said committee and committed to the  Committee
  on  Consumer  Protection  --  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 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.
                                                           LBD01061-02-3

Co-Sponsors

S2926B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4274B
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2011-2012 Legislative Session:
S6958C, A10507A

S2926B (ACTIVE) - Bill Texts

view summary

Relates to jurisdiction and venue for organized retail theft crimes.

view sponsor memo
BILL NUMBER:S2926B

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to establishing jurisdiction and venue for organized retail
theft crimes

PURPOSE OR GENERAL IDEA OF BILL:

This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction in a contiguous county when at least
one of the crimes constituting a pattern occurs within that county.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends the criminal procedure law by adding a new section
20.40(n) which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses included
within a pattern of criminal offenses that are part of the same plan,
scheme or venture, in any county that is contiguous to another county
where at least one of the alleged criminal offenses has occurred when
such offense is part of the alleged pattern of criminal activity.

Section Two is the effective date.

JUSTIFICATION:

This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft costs United States retailers about $50 billion
per year. Organized retail crime comprises a wide spectrum of high
volume and highly organized theft rings that cost New York retailers
specifically hundreds of millions of dollars annually and, more
importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York 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, and has continued to grow 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.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county that is contiguous to another county where at least one alleged
offense that is part of the pattern of activity has occurred.
Furthermore, the five counties of New York City are deemed contiguous
with each other. Under this legislation, one criminal court would be
granted jurisdiction over all criminal offenses, persons, and property
that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional
limitations under our current penal system and avoid committing
multiple offenses in the same county to avoid harsher penalties. This


bill would give law enforcement officials another tool in curbing
organized retail crime.

PRIOR LEGISLATIVE HISTORY:

2012: S.6958C of 2012 passed in the Senate/ A.10507A Referred to Codes

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 law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2926--B
    Cal. No. 212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sens.  ZELDIN,  LANZA, MAZIARZ, SAVINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  reported favorably from said committee and committed to the
  Committee on Consumer  Protection  --  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 -- passed by Senate and delivered to the Assem-
  bly,  recalled,  vote reconsidered, restored to third reading, amended
  and ordered reprinted, retaining its place in the order of third read-
  ing

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01061-05-3

S. 2926--B                          2

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.

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