senate Bill S779

2013-2014 Legislative Session

Establishes crimes relating to false receipts and universal product code labels

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 27, 2013 referred to codes
Mar 26, 2013 delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.251
Jan 09, 2013 referred to codes

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S779 - Bill Details

See Assembly Version of this Bill:
A1508
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง165.80, 165.81 & 165.82, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7370, A10554

S779 - Bill Texts

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Establishes crimes relating to false receipts and universal product code labels; defines terms.

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BILL NUMBER:S779

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing crimes relating to
false receipts and universal product code labels

PURPOSE:
This bill establishes the crime of Retail sales receipt or universal
product code fraud in the first and second degrees as well as
Possession of a fraudulent retail sales receipt or universal product
code manufacturing device.

SUMMARY OF PROVISIONS:
Section 1 adds four new sections to the penal law:

o 165.80 provides definitions of "retail sales receipt" and "uniform
product code label"
o 165.81 creates the crime of Retail sales
receipt of universal product code fraud in the second degree
o 165.82 creates the crime of Retail sales receipt of universal
product code fraud in the first degree

Section 2 provides the effective date.

JUSTIFICATION:
According to the Federal Bureau of Investigation, organized 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
importantly, compromise the health, safety, and wallet of
unsuspecting New York consumers. And for every item stolen, New
York's 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, with
the emergence of organized criminal theft 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.

Organized retail crime groups have employed numerous tactics to
defraud retailers and obtain merchandise. Receipt fraud and Uniform
Product Code (UPC) fraud are some of the emerging tactics used by
these criminals. In receipt fraud, thieves steal merchandise, create
counterfeit receipts, and collect money off of their fraudulent
returns. In UPC fraud, thieves transfer, make, or alter counterfeit
UPC labels and then purchase items at below cost. By amending the
Penal Law to criminalize this type of scheme, organized retail crime
can be further deterred.

LEGISLATIVE HISTORY:
2012: Passed the Senate (S.7370/A.10554)


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1 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
________________________________________________________________________

                                   779

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO, LAVALLE, RANZENHOFER -- 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 crimes relat-
  ing to false receipts and universal product code labels

  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  three  new  sections
165.80, 165.81 and 165.82 to read as follows:
S  165.80  DEFINITIONS;  APPLICATION  TO OFFENSES REGARDING RETAIL SALES
           RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS.
  AS USED IN SECTIONS 165.81 AND 165.82 OF THIS ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  THE  TERM  "RETAIL  SALES  RECEIPT"  SHALL MEAN ANY HANDWRITTEN OR
MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY  A  RETAILER
TO ACKNOWLEDGE PAYMENT RECEIVED FROM A CUSTOMER.
  2.  THE  TERM  "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
ING INFORMATION AND OTHER RELATED INFORMATION USED  BY  A  RETAILER  AND
READ  BY  A COMPUTER AT A POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING
THE SALE PRICE OF A GOOD.
S 165.81 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL  PRODUCT  CODE
FRAUD  IN  THE  SECOND  DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A  RETAIL
SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL  SALES  RECEIPT  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND
DEGREE IS A CLASS A MISDEMEANOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01453-01-3

S. 779                              2

S 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT  CODE  FRAUD  IN  THE
           FIRST DEGREE.
  A  PERSON  IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT  TO  DECEIVE  OR  DEFRAUD  A
PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
SHE  USES,  TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN
OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR  COMBINATION
THEREOF KNOWING SUCH TO BE COUNTERFEIT.
  RETAIL  SALES  RECEIPT  OR  UNIVERSAL  PRODUCT CODE FRAUD IN THE FIRST
DEGREE IS A CLASS E FELONY.
  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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