senate Bill S2928

2013-2014 Legislative Session

Relates to organized retail theft using an emergency exit

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 22, 2013 referred to codes
delivered to assembly
passed senate
Mar 20, 2013 advanced to third reading
Mar 19, 2013 2nd report cal.
Mar 18, 2013 1st report cal.214
Mar 12, 2013 reported and committed to consumer protection
Jan 25, 2013 referred to codes

Votes

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Mar 18, 2013 - Consumer Protection committee Vote

S2928
7
1
committee
7
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Mar 18, 2013

nay (1)
aye wr (3)

Mar 12, 2013 - Codes committee Vote

S2928
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S2928 - Bill Details

See Assembly Version of this Bill:
A4271
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง155.30, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6957B, A10327A

S2928 - Bill Texts

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Relates to organized retail theft using an emergency exit.

view sponsor memo
BILL NUMBER:S2928

TITLE OF BILL: An act to amend the penal law, in relation to organized
retail theft using an emergency exit

PURPOSE OR GENERAL IDEA OF BILL: This bill adds a new subdivision to
penal law section 155.30 to provide that use of an emergency exit to
facilitate a theft from a mercantile establishment is classified as
grand larceny in the fourth degree.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section which provides
that stealing from a mercantile establishment and using an emergency
exit to facilitate such theft shall be classified as grand larceny in
the fourth degree.

Section Two is the effective date.

JUSTIFICATION: According to the Federal Bureau of Investigation, organ-
ized 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 impor-
tantly, compromise the health, safety, and welfare of unsuspecting New
York consumers. For every item stolen, New York State and local govern-
ments lose out on sales tax revenue, 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. Retail-
ers are forced to offset these significant costs through higher prices -
meaning that honest consumers are forced to endure the impact of organ-
ized retail theft and professional shoplifters.

One of the ways that criminals commit these offenses is through the use
of an emergency exit. These thieves have been known to hide in retail
stores and wait for all employees to leave before removing large amounts
of goods through emergency exits or by having a "get-away" car parked
outside an emergency exit. By amending the penal law to enhance penal-
ties for those thieves who steal from a retail establishment, and depart
from an emergency exit, these types of schemes can be deterred.

LEGISLATIVE HISTORY:

S.6957B of 2012 passed in the Senate/ A.10327A 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.

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

                                  2928

                       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  organized  retail  theft
  using an emergency exit

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

  Section 1.  Section 155.30 of the penal law is amended by adding a new
subdivision 12 to read as follows:
  12. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
TO FACILITATE AN ORGANIZED RETAIL CRIME, THE PERSON  LEAVES  THE  RETAIL
MERCANTILE ESTABLISHMENT WITH SUCH PROPERTY BY USE OF A DESIGNATED EMER-
GENCY  EXIT.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, THE TERM "RETAIL
MERCANTILE ESTABLISHMENT" SHALL MEAN A  PLACE  WHERE  GOODS,  WARES,  OR
MERCHANDISE  ARE  OFFERED  TO THE PUBLIC FOR SALE.  FOR PURPOSES OF THIS
SUBDIVISION, ORGANIZED RETAIL CRIME SHALL MEAN 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,  TRADING,
OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE INTO 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.
                                                           LBD01050-01-3

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