senate Bill S2929

2013-2014 Legislative Session

Creates a crime of leading a retail theft enterprise

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 (11)
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.215
Mar 12, 2013 reported and committed to consumer protection
Jan 25, 2013 referred to codes

Votes

view votes

Mar 18, 2013 - Consumer Protection committee Vote

S2929
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Mar 18, 2013

aye wr (1)

Mar 12, 2013 - Codes committee Vote

S2929
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S2929 - Bill Details

See Assembly Version of this Bill:
A4272
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §155.50, amd §155.40, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6959B, A10326A

S2929 - Bill Texts

view summary

Creates a crime of leading a retail theft enterprise.

view sponsor memo
BILL NUMBER:S2929

TITLE OF BILL: An act to amend the penal law, in relation to creating a
crime of leading a retail theft enterprise

PURPOSE OR GENERAL IDEA OF BILL: This bill relates to prohibitions and
penalties against persons who lead an organized retail theft enterprise
by organizing, supervising, financing or managing such criminal activ-
ity.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section 150.50 which
defines the circumstances that would give rise to the crime of leading
an organized retail theft enterprise. The terms "anti-shoplifting or
inventory control device countermeasures", "conceal", "full retail
value", "merchandise", "merchant", "organized retail theft", "organized
retail theft enterprise", "person", "premises of a store or retail
mercantile establishment", "shoplifting", "store or other retail mercan-
tile establishment", and "under-ring" are defined for purposes of this
section.

Section Two provides that the crime of leading an organized retail theft
enterprise constitutes a grand larceny in the second degree and is a
class C felony.

Section Three 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 supermarkets.
It's a crime that has grown substantially over the past decade, and has
continued to grow at 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.

Those individuals who lead retail theft crime rings should be punished
to the fullest extent possible. By amending the penal-law to allow those

convicted of leading an organized retail theft enterprise to be charged
with higher level felonies, the chain of persons involved in these types
of schemes can be deterred and cut off from the top.

LEGISLATIVE HISTORY: S.6959B (of 2012) passed in the Senate.

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
________________________________________________________________________

                                  2929

                       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 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-
WISE REENTERING SUCH RETAIL MERCHANDISE IN COMMERCE, OR (2) THE RECRUIT-
MENT  OF  PERSONS  TO  UNDERTAKE,  OR THE COORDINATION, ORGANIZATION, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06533-01-3

S. 2929                             2

FACILITATION OF, SUCH STEALING, EMBEZZLEMENT,  OR  OBTAINING  BY  FRAUD,
FALSE PRETENSES, OR OTHER ILLEGAL MEANS;
  (G)  "ORGANIZED RETAIL THEFT ENTERPRISE" SHALL MEAN ANY ASSOCIATION OF
TWO OR MORE PERSONS WHO ENGAGE IN THE CONDUCT OF OR ARE  ASSOCIATED  FOR
THE PURPOSE OF EFFECTUATING ORGANIZED RETAIL THEFT OR ANY OTHER TRANSFER
OR SALE OF SHOPLIFTED MERCHANDISE;
  (H)  "PERSON"  SHALL  MEAN ANY INDIVIDUAL OR INDIVIDUALS, INCLUDING AN
AGENT, OR EMPLOYEE OF A MERCHANT WHERE THE FACTS  OF  THE  SITUATION  SO
REQUIRE;
  (I)  "PREMISES  OF  A  STORE OR RETAIL MERCANTILE ESTABLISHMENT" SHALL
MEAN AND INCLUDE BUT BE NOT LIMITED TO THE RETAIL MERCANTILE  ESTABLISH-
MENT, ANY COMMON-USE AREAS IN SHOPPING CENTERS AND ALL PARKING AREAS SET
ASIDE  BY A MERCHANT OR ON BEHALF OF A MERCHANT FOR THE PARKING OF VEHI-
CLES FOR THE CONVENIENCE OF THE PATRONS OF SUCH RETAIL MERCANTILE ESTAB-
LISHMENT;
  (J) "SHOPLIFTING" SHALL MEAN TO  (1)  PURPOSELY  TAKE  POSSESSION  OF,
CARRY  AWAY,  TRANSFER  OR  CAUSE  TO  BE  TRANSFERRED  ANY  MERCHANDISE
DISPLAYED, HELD, STORED, OR OFFERED FOR  SALE  BY  ANY  STORE  OR  OTHER
RETAIL  MERCANTILE  ESTABLISHMENT  WITH  THE  INTENTION OF DEPRIVING THE
MERCHANT OF THE POSSESSION,  USE  OR  BENEFIT  OF  SUCH  MERCHANDISE  OR
CONVERTING  THE  SAME  TO  THE  USE OF SUCH PERSON WITHOUT PAYING TO THE
MERCHANT THE VALUE THEREOF; (2) PURPOSELY TO CONCEAL  UPON  HIS  OR  HER
PERSON  OR  OTHERWISE  ANY  MERCHANDISE OFFERED FOR SALE BY ANY STORE OR
OTHER RETAIL MERCANTILE ESTABLISHMENT WITH THE  INTENTION  OF  DEPRIVING
THE  MERCHANT  OF  THE  PROCESSES, USE OR BENEFIT OF SUCH MERCHANDISE OR
CONVERTING THE SAME TO THE USE OF SUCH  PERSON  WITHOUT  PAYING  TO  THE
MERCHANT  THE  FULL  RETAIL  VALUE  THEREOF;  (3) PURPOSELY AND WITH THE
INTENT TO DEFRAUD, TO ALTER, TRANSFER OR REMOVE ANY LABEL, PRICE TAG  OR
MARKING  INDICIA OF VALUE OR ANY OTHER MARKINGS WHICH AID IN DETERMINING
VALUE AFFIXED TO ANY MERCHANDISE DISPLAYED, HELD, STORED OR OFFERED  FOR
SALE  BY  ANY  STORE  OR  OTHER  RETAIL  MERCANTILE ESTABLISHMENT AND TO
ATTEMPT TO PURCHASE SUCH  MERCHANDISE  PERSONALLY  OR  IN  CONSORT  WITH
ANOTHER AT LESS THAN THE FULL RETAIL VALUE WITH THE INTENTION OF DEPRIV-
ING THE MERCHANT OF ALL OR SOME PART OF THE VALUE THEREOF; (4) PURPOSELY
TO  TRANSFER ANY MERCHANDISE DISPLAYED, HELD, STORED OR OFFERED FOR SALE
BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT FROM THE CONTAINER
IN OR ON WHICH THE SAME SHALL BE DISPLAYED TO ANY OTHER  CONTAINER  WITH
INTENT  TO  DEPRIVE THE MERCHANT OF ALL OR SOME PART OF THE RETAIL VALUE
THEREOF; OR (5) PURPOSELY TO UNDER-RING WITH THE INTENTION OF  DEPRIVING
THE MERCHANT OF THE FULL RETAIL VALUE THEREOF;
  (K)  "STORE  OR  OTHER  RETAIL  MERCANTILE ESTABLISHMENT" SHALL MEAN A
PLACE WHERE MERCHANDISE IS DISPLAYED, HELD, STORED, OR  OFFERED  TO  THE
PUBLIC FOR SALE; AND
  (L)  "UNDER-RING"  SHALL MEAN TO CAUSE THE CASH REGISTER OR OTHER SALE
RECORDING DEVICE TO REFLECT LESS THAN  THE  FULL  RETAIL  VALUE  OF  THE
MERCHANDISE.
  2.  A PERSON IS A LEADER OF 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  THIS  CHAPTER,  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.

S. 2929                             3

  3.  NOTWITHSTANDING THE PROVISIONS OF SECTION 70.35 OF THIS CHAPTER, 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 THIS CHAP-
TER; 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 THIS CHAPTER, OR ANY PROSECUTION OR CONVICTION FOR
ANY OTHER OFFENSE.
  4. 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
AMOUNT  OF  MERCHANDISE  INVOLVED,  OR  THE  AMOUNT  OF CASH OR CURRENCY
INVOLVED.
  5. IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION  THAT
ANY SHOPLIFTED MERCHANDISE WAS BROUGHT INTO OR TRANSPORTED IN THIS STATE
SOLELY  FOR  ULTIMATE DISTRIBUTION IN ANOTHER JURISDICTION; NOR SHALL IT
BE A DEFENSE THAT ANY PROFIT WAS INTENDED TO BE MADE IN  ANOTHER  JURIS-
DICTION.
  S  2.    Section 155.40 of the penal law, as amended by chapter 515 of
the laws of 1986, is amended to read as follows:
S 155.40 Grand larceny in the second degree.
  A person is guilty of grand larceny  in  the  second  degree  when  he
steals property and when:
  1.  [The]  THE  value  of the property exceeds fifty thousand dollars;
[or]
  2. [The] THE property, regardless of its nature and value, is obtained
by extortion committed by instilling in the victim a fear that the actor
or another person will (a) cause physical injury to some person  in  the
future,  or (b) cause damage to property, or (c) use or abuse his OR HER
position as a public servant by engaging in conduct within or related to
his OR HER official duties, or by failing  or  refusing  to  perform  an
official duty, in such manner as to affect some person adversely; OR
  3.  THE  PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE AS
PROVIDED IN SECTION 155.50 OF THIS ARTICLE.
  Grand larceny in the second degree is a class C 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.