NY State Senate Bill 2015-S5293A

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	print number 5293a
May 24, 2016	amend and recommit to consumer protection
Jan 06, 2016	referred to consumer protection
May 12, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

2015-S5293 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §218, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: S4984

2015-S5293 - Summary

Relates to mercantile establishments and the defense of lawful detention.

2015-S5293 - Sponsor Memo

                                BILL NUMBER:S5293

TITLE OF BILL:

An act to amend the general business law, in relation to mercantile
establishments and the defense of lawful detention

PURPOSE OR GENERAL IDEA OF BILL:

To impose a reasonable limit on the mercantile establishments' ability
to detain persons who have alleged committed larceny, and reduce the
period of time said persons can be detained to no more than one hour.
Also, to put restrictions on mercantile establishments ability to coerce
those who have alleged committed larceny from entering into any sort of
pay agreement, whether directly or by credit, for the civil damaged
incurred by the alleged offense. Additionally, restricting the coercion
of persons, the alleged shoplifter or their parents and legal guardians,
into signing agreements which say "(The mercantile establishment) didn't
coerce you in any way into signing anything, you signed voluntarily" if
during the detention the person made an oral statement or signed any
statement or documents.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends subdivision 1 of section 218 of the General Business
Law to impose a reasonable limit on the mercantile establishments' abil-

ity to detain persons who have alleged committed larceny, restrict the
ability to coerce the signing of a confession or payment agreement for
the civil damages, and restrict mercantile establishments' ability to
coerce the signing of documents which absolve the establishment of
responsibility for said coercion.

Section 2. Effective Date

EXISTING LAW:

Under Subdivision 1 of section 218, current law states retail mercantile
establishments may detain person who have allegedly committed larceny
for the purpose of investigation or questioning in regards to criminal
possession of items. This authority is given to authorized employees
such as owner, employee, or agent who have reason to believe that said
person who is detained was guilty of criminal possession of the item.

JUSTIFICATION:

There have been instances where mercantile stores have knowingly abused
the vague language in the law regarding their management of persons who
have allegedly committed larceny. It is possible, because of how loosely
the law can be interpreted, for mercantile stores to detain such persons
for hours or until they have agreed to sign an admission of guilt. These
admissions of guilt subject, the individuals to responsibility for the
damages incurred. The mercantile establishments have then coerced indi-

viduals to either pay the civil penalties directly or open credit card
accounts with the establishment.  Additionally, after the detained
person agrees to pay the civil penalties to the mercantile establish-
ments, they can be coerced into signing a statement which then absolves
the establishment of any wrong doing during the detention process. These
statements can be as such: "the mercantile establishment didn't coerce
you in any way into signing anything you signed voluntary."

Such practices can lead to an abuse of power, and a predatory business
practice, whereby mercantile stores profit from persons who have
allegedly committed larceny. This legislation will strengthen the guide-
lines for these practices, and stop the practice of coercion during
these detention periods.

PRIOR LEGISLATIVE HISTORY:

2015: New Bi1l/A.5581-Referred to Economic Development
2014: Referred to Economic Development

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5293 - Bill Text download pdf

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

                                  5293

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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  mercantile
  establishments and the defense of lawful detention

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

  Section 1. Section 218 of the general  business  law,  as  amended  by
chapter 374 of the laws of 1994, is amended to read as follows:
  S  218.  1.  Defense  of  lawful  detention.   In any action for false
arrest, false imprisonment, unlawful detention, defamation of character,
assault, trespass, or invasion of civil rights, brought by any person by
reason of having been detained on or in the immediate  vicinity  of  the
premises  of  (a)  a  retail mercantile establishment for the purpose of
investigation or questioning as to criminal possession of an anti-secur-
ity item as defined in section 170.47 of the penal  law  or  as  to  the
ownership  of  any  merchandise, or (b) a motion picture theater for the
purposes of investigation or questioning as to the  unauthorized  opera-
tion  of  a  recording device in a motion picture theater, it shall be a
defense to such action that the person  was  detained  in  a  reasonable
manner  and  for not more than a reasonable time to permit such investi-
gation or questioning by a peace officer acting pursuant to his  special
duties,  police  officer or by the owner of the retail mercantile estab-
lishment or motion picture theater, his authorized  employee  or  agent,
and  that  such officer, owner, employee or agent had reasonable grounds
to believe that the person so detained was guilty of criminal possession
of an anti-security item as defined in section 170.47 of the  penal  law
or  was  committing  or attempting to commit larceny on such premises of
such merchandise or was engaged  in  the  unauthorized  operation  of  a
recording device in a motion picture theater.
  2.  As  used  in this section, "reasonable grounds" shall include, but
not be limited to, knowledge that  a  person  [(i)]  (A)  has  concealed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06502-01-5

S. 5293                             2

possession  of unpurchased merchandise of a retail mercantile establish-
ment, or [(ii)] (B) has possession of an item designed for  the  purpose
of  overcoming  detection  of  security  markings  attachments placed on
merchandise  offered  for  sale at such an establishment, or [(iii)] (C)
has possession of a recording device in a  theater  in  which  a  motion
picture is being exhibited [and a].
  3.  A  "reasonable  time"  shall mean the PERIOD OF time [necessary to
permit the person detained to make a statement or to refuse  to  make  a
statement,  and  the time necessary], NOT TO EXCEED ONE HOUR, to examine
employees and records of the mercantile establishment  relative  to  the
ownership of the merchandise, or possession of such an item or device.
  4.   UNDER NO CIRCUMSTANCES SHALL "REASONABLE TIME" INCLUDE, NOR SHALL
THE RELEASE FROM DETENTION BY A MERCANTILE ESTABLISHMENT BE  CONDITIONED
UPON,  ANY  REQUIREMENT THAT THE PERSON DETAINED FOR THE ALLEGED COMMIS-
SION OF A LARCENY, OR HIS OR HER PARENT OR LEGAL  GUARDIAN,  ENTER  INTO
ANY  AGREEMENT  TO PAY, DIRECTLY OR THROUGH THE EXTENSION OF CREDIT, THE
CIVIL DAMAGES AND PENALTIES PROVIDED FOR IN SECTION 11-105 OF THE GENER-
AL OBLIGATIONS LAW; OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED  TO  THAT
INDIVIDUAL DETAINED OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED TO HIS OR
HER  PARENT  OR  LEGAL  GUARDIAN,  PARTICULARLY  THE  PREPARED FORM THAT
STATES, IN ESSENCE: "THE MERCANTILE ESTABLISHMENT DIDN'T COERCE  YOU  IN
ANY WAY INTO SIGNING ANYTHING, YOU SIGNED VOLUNTARILY." EVERY PERSON WHO
IS  DETAINED  PURSUANT  TO  THIS SECTION, AND, IF, DURING SUCH DETENTION
MAKES AN ORAL STATEMENT OR SIGNS ANY STATEMENT OR DOCUMENTS, OR  HIS  OR
HER  PARENT  OR  LEGAL  GUARDIAN SIGNS ANY STATEMENT OR DOCUMENTS, SHALL
UPON HIS OR HER RELEASE BE PROVIDED WITH A WRITTEN  TRANSCRIPT  OF  SUCH
ORAL STATEMENT AND COPIES OF ANY STATEMENT OR DOCUMENTS SO SIGNED.
  5.  Such  detention at such vicinity shall not authorize the taking of
such person's fingerprints at such vicinity unless the taking of finger-
prints is otherwise authorized by section 160.10 of the criminal  proce-
dure  law  and  are  taken  by the arresting or other appropriate police
officer or agency described therein in accordance with section 140.20 or
140.27 of such law. Whenever fingerprints are taken, the requirements of
article one hundred sixty of the criminal procedure law shall  apply  as
if fully set forth herein.
  S 2. This act shall take effect immediately.

2015-S5293A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §218, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: S4984

2015-S5293A (ACTIVE) - Summary

Relates to mercantile establishments and the defense of lawful detention.

2015-S5293A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5293A

 TITLE OF BILL :  An act to amend the general business law, in
relation to mercantile establishments and the defense of lawful
detention

 PURPOSE OR GENERAL IDEA OF BILL :

To impose a reasonable limit on the mercantile establishments' ability
to detain persons who have alleged committed larceny, and reduce the
period of time said persons can be detained to no more than one hour.
Also, to put restrictions on mercantile establishments ability to
coerce those who have alleged committed larceny from entering into any
sort of pay agreement, whether directly or by credit, for the civil
damaged incurred by the alleged offense. Additionally, restricting the
coercion of persons, the alleged shoplifter or their parents and legal
guardians, into signing agreements which say "(The mercantile
establishment) didn't coerce you in any way into signing anything, you
signed voluntarily" if during the detention the person made an oral
statement or signed any statement or documents.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 Amends subdivision 1 of section 218 of the General Business
Law to impose a reasonable limit on the mercantile establishments'
ability to detain persons who have alleged committed larceny, restrict

the ability to coerce the signing of a confession or payment agreement
for the civil damages, and restrict mercantile establishments' ability
to coerce the signing of documents which absolve the establishment of
responsibility for said coercion.

Section 2. Effective Date

 EXISTING LAW :

Under Subdivision 1 of section 218, current law states retail
mercantile establishments may detain person who have allegedly
committed larceny for the purpose of investigation or questioning in
regards to criminal possession of items. This authority is given to
authorized employees such as owner, employee, or agent who have reason
to believe that said person who is detained was guilty of criminal
possession of the item.

 JUSTIFICATION :

There have been instances where mercantile stores have knowingly
abused the vague language in the law regarding their management of
persons who have allegedly committed larceny. It is possible, because
of how loosely the law can be interpreted, for mercantile stores to
detain such persons for hours or until they have agreed to sign an
admission of guilt. These admissions of guilt subject, the individuals
to responsibility for the damages incurred. The mercantile
establishments have then coerced individuals to either pay the civil
penalties directly or open credit card accounts with the
establishment. Additionally, after the detained person agrees to pay
the civil penalties to the mercantile establishments, they can be
coerced into signing a statement which then absolves the establishment
of any wrong doing during the detention process. These statements can
be as such: "the mercantile establishment didn't coerce you in any way
into signing anything you signed voluntary."  Such practices can lead
to an abuse of power, and a predatory business practice, whereby
mercantile stores profit from persons who have allegedly committed
larceny. This legislation will strengthen the guidelines for these
practices, and stop the practice of coercion during these detention
periods.

 PRIOR LEGISLATIVE HISTORY :

2015: New Bill/A.5581-Referred to Economic Development
2014: Referred to Economic Development

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S5293A (ACTIVE) - Bill Text download pdf

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

                                 5293--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business  law,  in  relation  to  mercantile
  establishments and the defense of lawful detention

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

  Section 1. Section 218 of the general  business  law,  as  amended  by
chapter 374 of the laws of 1994, is amended to read as follows:
  S  218.  1.  Defense  of  lawful  detention.   In any action for false
arrest, false imprisonment, unlawful detention, defamation of character,
assault, trespass, or invasion of civil rights, brought by any person by
reason of having been detained on or in the immediate  vicinity  of  the
premises  of  (a)  a  retail mercantile establishment for the purpose of
investigation or questioning as to criminal possession of an anti-secur-
ity item as defined in section 170.47 of the penal  law  or  as  to  the
ownership  of  any  merchandise, or (b) a motion picture theater for the
purposes of investigation or questioning as to the  unauthorized  opera-
tion  of  a  recording device in a motion picture theater, it shall be a
defense to such action that the person  was  detained  in  a  reasonable
manner  and  for not more than a reasonable time to permit such investi-
gation or questioning by a peace officer acting pursuant to his  special
duties,  police  officer or by the owner of the retail mercantile estab-
lishment or motion picture theater, his authorized  employee  or  agent,
and  that  such officer, owner, employee or agent had reasonable grounds
to believe that the person so detained was guilty of criminal possession
of an anti-security item as defined in section 170.47 of the  penal  law
or  was  committing  or attempting to commit larceny on such premises of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06502-03-6

S. 5293--A                          2

such merchandise or was engaged  in  the  unauthorized  operation  of  a
recording device in a motion picture theater.
  2.  As  used  in this section, "reasonable grounds" shall include, but
not be limited to, knowledge that  a  person  [(i)]  (A)  has  concealed
possession  of unpurchased merchandise of a retail mercantile establish-
ment, or [(ii)] (B) has possession of an item designed for  the  purpose
of  overcoming  detection  of  security  markings  attachments placed on
merchandise offered for sale at such an establishment,  or  [(iii)]  (C)
has  possession  of  a  recording  device in a theater in which a motion
picture is being exhibited [and a].
  3. A "reasonable time" shall mean the PERIOD  OF  time  [necessary  to
permit  the  person  detained to make a statement or to refuse to make a
statement, and the time necessary], NOT TO EXCEED ONE HOUR,  EXCEPT  FOR
CERTAIN  EXTENUATING  CIRCUMSTANCES, to examine employees and records of
the mercantile establishment relative to the ownership of  the  merchan-
dise, or possession of such an item or device.
  4.   UNDER NO CIRCUMSTANCES SHALL "REASONABLE TIME" INCLUDE, NOR SHALL
THE RELEASE FROM DETENTION BY A MERCANTILE ESTABLISHMENT BE  CONDITIONED
UPON,  ANY  REQUIREMENT THAT THE PERSON DETAINED FOR THE ALLEGED COMMIS-
SION OF A LARCENY, OR HIS OR HER PARENT OR LEGAL  GUARDIAN,  ENTER  INTO
ANY  AGREEMENT  TO PAY, DIRECTLY OR THROUGH THE EXTENSION OF CREDIT, THE
CIVIL DAMAGES AND PENALTIES PROVIDED FOR IN SECTION 11-105 OF THE GENER-
AL OBLIGATIONS LAW; OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED  TO  THAT
INDIVIDUAL DETAINED OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED TO HIS OR
HER  PARENT  OR  LEGAL  GUARDIAN,  PARTICULARLY  THE  PREPARED FORM THAT
STATES, IN ESSENCE: "THE MERCANTILE ESTABLISHMENT DIDN'T COERCE  YOU  IN
ANY WAY INTO SIGNING ANYTHING, YOU SIGNED VOLUNTARILY." EVERY PERSON WHO
IS  DETAINED  PURSUANT  TO  THIS SECTION, AND, IF, DURING SUCH DETENTION
MAKES AN ORAL STATEMENT OR SIGNS ANY STATEMENT OR DOCUMENTS, OR  HIS  OR
HER  PARENT  OR  LEGAL  GUARDIAN SIGNS ANY STATEMENT OR DOCUMENTS, SHALL
UPON HIS OR HER RELEASE BE PROVIDED WITH A WRITTEN  TRANSCRIPT  OF  SUCH
ORAL  STATEMENT AND COPIES OF ANY STATEMENT OR DOCUMENTS SO SIGNED.  ANY
STATEMENT DESCRIBED IN THIS SUBDIVISION, PRIOR TO IT BEING SIGNED, SHALL
BE TRANSLATED INTO THE LANGUAGE SPOKEN BY THE PERSON DETAINED, OR IN THE
CASE OF A MINOR, THE LANGUAGE SPOKEN BY SUCH DETAINEE'S PARENT OR  LEGAL
GUARDIAN.
  5.  Such  detention at such vicinity shall not authorize the taking of
such person's fingerprints at such vicinity unless the taking of finger-
prints is otherwise authorized by section 160.10 of the criminal  proce-
dure  law  and  are  taken  by the arresting or other appropriate police
officer or agency described therein in accordance with section 140.20 or
140.27 of such law. Whenever fingerprints are taken, the requirements of
article one hundred sixty of the criminal procedure law shall  apply  as
if fully set forth herein.
  S 2. This act shall take effect immediately.

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Senate Bill S5293A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S5293 - Details

2015-S5293 - Summary

2015-S5293 - Sponsor Memo

2015-S5293 - Bill Text download pdf

2015-S5293A (ACTIVE) - Details

2015-S5293A (ACTIVE) - Summary

2015-S5293A (ACTIVE) - Sponsor Memo

2015-S5293A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S5293 - Details

2015-S5293 - Summary

2015-S5293 - Sponsor Memo

2015-S5293 - Bill Text download pdf

2015-S5293A (ACTIVE) - Details

2015-S5293A (ACTIVE) - Summary

2015-S5293A (ACTIVE) - Sponsor Memo

2015-S5293A (ACTIVE) - Bill Text download pdf

Comments