Assembly Bill A402A

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

                                 402--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, LENTOL, LAVINE, ROBERTS, MOSLEY, GRAF
  -- read once and referred to the Committee  on  Consumer  Affairs  and
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT to amend the general business law, in relation to communications
  by mercantile establishments attempting to settle civil actions deriv-
  ing 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-f to read as follows:
  S  349-F. CIVIL PROCEEDINGS DERIVATIVE OF ALLEGED LARCENY. 1. WHENEVER
A MERCANTILE ESTABLISHMENT ATTEMPTS TO SETTLE A CIVIL ACTION PURSUANT TO
SECTION 11-105  OF  THE  GENERAL  OBLIGATIONS  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  CIVIL  SETTLEMENT  AGREEMENT  RESULTING
FROM  A  LARCENY THAT ALLEGEDLY INVOLVES YOU. SHOULD YOU CHOOSE TO AGREE
TO THIS SETTLEMENT, YOU WILL BE SUBJECT TO THE TERMS AND  CONDITIONS  OF
SUCH AGREEMENT, WHICH ARE GOVERNED BY S11-105 OF NEW YORK STATE'S GENER-
AL OBLIGATIONS LAW.
  SHOULD  YOU REFUSE THIS AGREEMENT, YOU ARE STILL SUBJECT TO S11-105 OF
NEW YORK STATE'S GENERAL OBLIGATIONS LAW, WHICH INDICATES  THAT  PERSONS
WHO  COMMIT  LARCENY  AGAINST THE PROPERTY OF A MERCANTILE ESTABLISHMENT
ARE CIVILLY LIABLE TO SUCH MERCANTILE ESTABLISHMENT IN THE AMOUNT OF THE
RETAIL PRICE OF THE MERCHANDISE (ONLY IF SUCH MERCHANDISE IS NOT  RECOV-
ERED  IN  SALEABLE CONDITION), UP TO $1,500, AND A PENALTY IN THE AMOUNT
THAT IS THE GREATER OF $75 OR FIVE-TIMES THE RETAIL PRICE, UP  TO  $500.

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

                                                           LBD02283-02-5

A. 402--A                           2

THE  MERCANTILE  ESTABLISHMENT  MAY  FILE A CIVIL LAWSUIT AGAINST YOU TO
PURSUE THE RECOVERY OF THESE DAMAGES. THESE CIVIL  PENALTIES  PRESCRIBED
BY  LAW  ARE  ENTIRELY  SEPARATE FROM ANY CRIMINAL PENALTIES THAT MAY BE
BROUGHT AGAINST YOU.
  SHOULD YOU ACCEPT OR REFUSE A CIVIL SETTLEMENT AGREEMENT, A MERCANTILE
ESTABLISHMENT MAY STILL BRING CRIMINAL CHARGES AGAINST YOU IN A COURT OF
LAW,  UNLESS SUCH CIVIL SETTLEMENT AGREEMENT BETWEEN YOU AND THE MERCAN-
TILE ESTABLISHMENT PRECLUDES THE MERCANTILE ESTABLISHMENT FROM  PURSUING
CRIMINAL CHARGES.
  2.  A  MERCANTILE  ESTABLISHMENT  THAT  VIOLATES THIS SECTION 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 MERCANTILE ESTABLISHMENT 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 MERCANTILE ESTABLISHMENT;
  (C) IN THE CASE OF ANY SUCCESSFUL  ACTION  TO  ENFORCE  THE  FOREGOING
LIABILITY,  THE  COSTS  OF THE ACTION, TOGETHER WITH A REASONABLE ATTOR-
NEYS' FEE AS DETERMINED BY THE COURT.
  S 2. This act shall take effect immediately and  shall  apply  to  any
prospective attempted settlements of such civil actions.