senate Bill S5051

2013-2014 Legislative Session

Relates to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
May 07, 2013 referred to consumer protection

S5051 - Details

See Assembly Version of this Bill:
A2875
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §349-e, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A10120

S5051 - Summary

Relates to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions.

S5051 - Sponsor Memo

S5051 - Bill Text download pdf

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

                                  5051

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- 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, in relation to  communications
  by  retail  stores  attempting  to  settle civil actions deriving from
  larceny prosecutions

  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
349-e to read as follows:
  S  349-E.  CIVIL  PROCEEDINGS  IN  LARCENY PROSECUTIONS. 1. WHENEVER A
MERCHANT OR RETAIL STORE ATTEMPTS TO  SETTLE  A  CIVIL  ACTION  THAT  IS
DERIVATIVE OF A CRIMINAL PROSECUTION COMMENCED UNDER ARTICLE ONE HUNDRED
FIFTY-FIVE  OF  THE  PENAL  LAW,  ALL  COMMUNICATIONS PERTAINING TO SUCH
ATTEMPTED SETTLEMENT SHALL CONTAIN THE FOLLOWING STATEMENT, WHICH SHALL,
IF WRITTEN, BE IN A CONSPICUOUS PLACE, IN FONT LARGER THAN THE REMAINDER
OF THE COMMUNICATION, AND, IF SPOKEN, READ IN ITS ENTIRETY:
  THIS IS AN ATTEMPT TO REACH A SETTLEMENT AGREEMENT IN A  CIVIL  ACTION
FOR  SATISFACTION OF DAMAGES RELATED TO A CRIMINAL PROSECUTION. YOU HAVE
THE RIGHT TO REFUSE THIS OFFER. YOUR ACCEPTANCE OR REFUSAL OF THIS OFFER
HAS NO EFFECT ON ANY CRIMINAL ACTION ARISING FROM THE EVENTS THAT LED TO
THIS CIVIL ACTION. FAILURE TO ACCEPT THIS AGREEMENT MAY RESULT IN  CIVIL
LITIGATION AGAINST YOU.
  2.  A MERCHANT OR RETAIL STORE THAT FAILS TO INCLUDE SUCH STATEMENT IN
ANY COMMUNICATION WITH DEFENDANT SHALL BE STRICTLY LIABLE FOR:
  (A) ANY ACTUAL DAMAGES SUSTAINED BY DEFENDANT  AS  A  RESULT  OF  SUCH
FAILURE;
  (B)  TREBLE  THE  AMOUNT SOUGHT BY THE MERCHANT OR RETAIL STORE IN ANY
SUCH SETTLEMENT AGREEMENT. IN THE CASE OF  MULTIPLE  SETTLEMENT  OFFERS,
THE  AMOUNT  TO BE TREBLED SHALL BE THE HIGHEST SETTLEMENT AMOUNT SOUGHT
BY SUCH MERCHANT OR RETAIL STORE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07200-01-3

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