senate Bill S5977

2013-2014 Legislative Session

Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments

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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
Apr 29, 2014 defeated in judiciary
Mar 10, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to judiciary
Nov 01, 2013 referred to rules

Votes

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Apr 29, 2014 - Judiciary committee Vote

S5977
8
14
committee
8
Aye
14
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S5977 - Bill Details

See Assembly Version of this Bill:
A8248
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd ยง11-105, Gen Ob L

S5977 - Bill Texts

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Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments.

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BILL NUMBER:S5977

TITLE OF BILL: An act to amend the general obligations law, in
relation to requiring mercantile establishments to cease collections
upon a court finding of not guilty of larceny in mercantile
establishments

PURPOSE OR GENERAL IDEA OF BILL:

Provides for the immediate cessation of collections upon a finding of
not guilty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1.. Amends section 11-105 of the general obligations law by
adding a new subdivision 13. Provides that a person who is found not
guilty of larceny shall not be civilly liable to the operator of a
mercantile establishment. Requires that any attempt to collect money
or recover merchandise shall immediately cease.

Section 2. Effective Date

EXISTING LAW:

Section 11-105 of the General Obligations law establishes civil
penalties in cases of larceny.

JUSTIFICATION:

While the General Obligations law, section 11-105 provides ample
protection for mercantile establishments in cases of larceny, there is
no protection for someone who has been accused of larceny, but found
not guilty by the court.

A situation occurred at Macy's whereby a shopper was accused of
stealing a coat he had purchased and attempted to return the following
day, along with the receipt to verify the purchase. The shopper was
arrested by the NYPD and taken to midtown criminal court. The judge,
upon hearing the case and determining the facts, dismissed the
charges The shopper's attorney filed a civil suit against Macy's, and
of course Macy's settled.

However, the case did not end with the finding of not guilty and the
civil suit. A collection agency, attempting to collect a "debt"
contacted the shopper and insisted that the shopper stilled owed
Macy's the purchase price of the coat.

This bill would prohibit a mercantile establishment from initiating
civil liability upon a finding of not guilty and would further require
any attempt to collect money or recover merchandise to immediately
cease.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:


None

EFFECTIVE DATE:

Immediately

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

                                  5977

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 1, 2013
                               ___________

Introduced  by Sens. DIAZ, PARKER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the general obligations law, in  relation  to  requiring
  mercantile establishments to cease collections upon a court finding of
  not guilty of larceny in mercantile establishments

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

  Section 1. Section 11-105 of the general obligations law is amended by
adding a new subdivision 13 to read as follows:
  13. CESSATION OF COLLECTIONS UPON FINDING OF  NOT  GUILTY.  AN  ADULT,
EMANCIPATED MINOR, OR THE PARENTS OR LEGAL GUARDIANS OF AN UNEMANCIPATED
MINOR  WHO  IS  FOUND  NOT  GUILTY  IN ANY PROCEEDING BROUGHT UNDER THIS
SECTION SHALL NOT BE CIVILLY LIABLE TO THE OPERATOR  OF  THE  MERCANTILE
ESTABLISHMENT  BRINGING THE PROCEEDING AND ANY ATTEMPTS TO COLLECT MONEY
OR RECOVER MERCHANDISE FROM THE ADULT, EMANCIPATED MINOR, OR THE PARENTS
OR LEGAL GUARDIANS OF AN UNEMANCIPATED MINOR SHALL IMMEDIATELY CEASE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13034-01-3

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