Assembly Bill A6503

Signed By Governor
2015-2016 Legislative Session

Relates to jurisdiction and venue for organized retail theft crimes

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A6503 - Details

See Senate Version of this Bill:
S3822
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2013-2014 Legislative Session:
A4274, S2926

2015-A6503 - Summary

Relates to jurisdiction for organized retail theft crimes.

2015-A6503 - Bill Text download pdf

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

                                  6503

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced by M. of A. CUSICK, McDONALD -- read once and referred to the
  Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to establishing
  jurisdiction and venue for organized retail theft crimes

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

  Section  1.  Subdivision  4 of section 20.40 of the criminal procedure
law is amended by adding a new paragraph (n) to read as follows:
  (N) (I) AN ORGANIZED RETAIL THEFT CRIME,  WHERE  THE  DEFENDANT  KNOWS
THAT  SUCH  CRIME  IS A PART OF A COORDINATED PLAN, SCHEME OR VENTURE OF
ORGANIZED RETAIL THEFT CRIMES COMMITTED BY TWO OR MORE PERSONS,  MAY  BE
PROSECUTED  IN  ANY  COUNTY  IN WHICH AT LEAST ONE SUCH ORGANIZED RETAIL
THEFT CRIME WAS COMMITTED; PROVIDED, HOWEVER, THAT THE COUNTY OF  PROSE-
CUTION  IS  CONTIGUOUS  TO  ANOTHER  COUNTY IN WHICH ONE OR MORE OF SUCH
OTHER ORGANIZED RETAIL THEFT CRIMES WAS COMMITTED. FOR PURPOSES OF  THIS
PARAGRAPH, THE FIVE COUNTIES THAT COMPRISE NEW YORK CITY SHALL BE DEEMED
CONTIGUOUS WITH EACH OTHER.
  (II)  FOR  PURPOSES  OF THIS PARAGRAPH, "ORGANIZED RETAIL THEFT CRIME"
SHALL MEAN AND INCLUDE A CRIME UNDER  THIS  CHAPTER  THAT  INVOLVES  THE
LARCENY,  EMBEZZLEMENT  OR  OBTAINING BY FRAUD, FALSE PRETENSES OR OTHER
ILLEGAL MEANS OF RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMAL-
LY BE PURCHASED FOR PERSONAL USE OR CONSUMPTION,  FOR  THE  PURPOSES  OF
RESELLING,  TRADING,  OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
COMMERCE.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02331-01-5


              

co-Sponsors

multi-Sponsors

2015-A6503A (ACTIVE) - Details

See Senate Version of this Bill:
S3822
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §20.40, CP L
Versions Introduced in 2013-2014 Legislative Session:
A4274, S2926

2015-A6503A (ACTIVE) - Summary

Relates to jurisdiction for organized retail theft crimes.

2015-A6503A (ACTIVE) - Bill Text download pdf

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

                                 6503--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced  by  M. of A. CUSICK, McDONALD -- Multi-Sponsored by -- M. of
  A. BUCHWALD -- read once and referred to the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to  establishing
  jurisdiction for organized retail theft crimes

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

  Section 1. Subdivision 4 of section 20.40 of  the  criminal  procedure
law is amended by adding a new paragraph (n) to read as follows:
  (N)  (I)  AN  ORGANIZED  RETAIL THEFT CRIME, WHERE THE DEFENDANT KNOWS
THAT SUCH CRIME IS A PART OF A COORDINATED PLAN, SCHEME  OR  VENTURE  OF
ORGANIZED  RETAIL  THEFT CRIMES COMMITTED BY TWO OR MORE PERSONS, MAY BE
PROSECUTED IN ANY COUNTY IN WHICH SUCH DEFENDANT COMMITTED AT LEAST  ONE
SUCH ORGANIZED RETAIL THEFT CRIME; PROVIDED, HOWEVER, THAT THE COUNTY OF
PROSECUTION IS CONTIGUOUS TO ANOTHER COUNTY IN WHICH ONE OR MORE OF SUCH
OTHER  ORGANIZED  RETAIL THEFT CRIMES WAS COMMITTED.  MULTIPLE ORGANIZED
RETAIL THEFT CRIMES COMMITTED BY THE SAME DEFENDANT MAY BE JOINED IN ONE
INDICTMENT  IF  AUTHORIZED  AND  APPROPRIATE  IN  ACCORDANCE  WITH   THE
PROVISIONS  OF  SECTION  200.20 OF THIS CHAPTER, PROVIDED, HOWEVER, THAT
NOTWITHSTANDING SECTION 200.40 OF THIS CHAPTER, NO MORE THAN ONE DEFEND-
ANT MAY BE CHARGED IN THE SAME INDICTMENT OR PROSECUTED AS PART  OF  THE
SAME  TRIAL  UNDER  THIS  PARAGRAPH. FOR PURPOSES OF THIS PARAGRAPH, THE
FIVE COUNTIES THAT COMPRISE NEW YORK CITY  SHALL  BE  DEEMED  CONTIGUOUS
WITH EACH OTHER.
  (II)  FOR  PURPOSES  OF THIS PARAGRAPH, "ORGANIZED RETAIL THEFT CRIME"
SHALL MEAN THE CRIME OF LARCENY, INCLUDING BY  TRICK,  FRAUD,  EMBEZZLE-
MENT,  STEALING  OR FALSE PRETENSES, OF RETAIL MERCHANDISE IN QUANTITIES
THAT WOULD NOT NORMALLY BE PURCHASED FOR PERSONAL  USE  OR  CONSUMPTION,
FOR  THE  PURPOSES  OF  RESELLING, TRADING, OR OTHERWISE REENTERING SUCH
RETAIL MERCHANDISE IN COMMERCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02331-02-5
              

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