NY State Assembly Bill 2015-A5581B

Archive: Last Bill Status - On Floor Calendar

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
Jun 08, 2016	ordered to third reading rules cal.127 rules report cal.127
Jun 07, 2016	reported
Jun 06, 2016	reported referred to rules
Jun 01, 2016	reported referred to codes
May 26, 2016	print number 5581b
May 26, 2016	amend and recommit to economic development
May 18, 2016	print number 5581a
May 18, 2016	amend and recommit to economic development
Jan 06, 2016	referred to economic development
Feb 27, 2015	referred to economic development

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

2015-A5581 - Details

Law Section:: General Business Law
Laws Affected:: Amd §218, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9672
2017-2018: A2061
2019-2020: A7459
2021-2022: A310
2023-2024: A4218

2015-A5581 - Summary

Relates to mercantile establishments and the defense of lawful detention.

2015-A5581 - Bill Text download pdf

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

                                  5581

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2015
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Economic Development

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

A. 5581                             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.

co-Sponsors

multi-Sponsors

2015-A5581A - Details

Law Section:: General Business Law
Laws Affected:: Amd §218, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9672
2017-2018: A2061
2019-2020: A7459
2021-2022: A310
2023-2024: A4218

2015-A5581A - Summary

Relates to mercantile establishments and the defense of lawful detention.

2015-A5581A - Bill Text download pdf

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

                                 5581--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2015
                               ___________

Introduced  by  M.  of A. SEPULVEDA, RAIA, RODRIGUEZ, STECK, ROBINSON --
  Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
  Committee  on  Economic Development -- recommitted to the Committee on
  Economic Development in accordance with Assembly Rule  3,  sec.  2  --
  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.
                                                           LBD06502-02-6

A. 5581--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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A5581B (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Amd §218, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9672
2017-2018: A2061
2019-2020: A7459
2021-2022: A310
2023-2024: A4218

2015-A5581B (ACTIVE) - Summary

Relates to mercantile establishments and the defense of lawful detention.

2015-A5581B (ACTIVE) - Bill Text download pdf

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

                                 5581--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2015
                               ___________

Introduced  by  M.  of A. SEPULVEDA, RAIA, RODRIGUEZ, STECK, ROBINSON --
  Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
  Committee  on  Economic Development -- recommitted to the Committee on
  Economic Development in accordance with Assembly Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, 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  OR  HER
special  duties, police officer or by the owner of the retail mercantile
establishment or motion picture theater, his OR HER 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06502-04-6

A. 5581--B                          2

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  opera-
tion 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 time necessary,  NOT  TO  EXCEED
ONE  HOUR,  EXCEPT FOR EXTRAORDINARY CIRCUMSTANCES, to permit the person
detained to make a statement or to refuse to make a statement[,] and the
time necessary to examine employees and records of the mercantile estab-
lishment relative to the ownership of the merchandise, or possession  of
such an item or device.
  4.    THE  RELEASE  FROM  DETENTION  SHALL NOT BE CONDITIONED UPON ANY
REQUIREMENT THAT, THE PERSON DETAINED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION,  OR  HIS  OR HER PARENT OR LEGAL GUARDIAN, SIGN ANY DOCU-
MENTS, STATEMENTS, OR AGREEMENTS TO PAY DAMAGES. ANY DOCUMENTS PRESENTED
SHALL NOT CONTAIN ANY MESSAGE STATING THAT SUCH DOCUMENT OR STATEMENT IS
BEING SIGNED VOLUNTARILY AND WITHOUT COERCION. ANY PERSON  DETAINED,  OR
HIS  OR  HER  PARENT OR LEGAL GUARDIAN, WHO SIGNS ANY STATEMENT OR DOCU-
MENTS, SHALL, UPON RELEASE, BE PROVIDED WITH COPIES OF  SUCH  STATEMENTS
OR  DOCUMENTS  SO SIGNED.   A MINOR, UNDER THE AGE OF EIGHTEEN, DETAINED
PURSUANT TO THIS SECTION, SHOULD IMMEDIATELY BE AFFORDED THE ABILITY  TO
CONTACT HIS OR HER PARENTS 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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Assembly Bill A5581B

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A5581 - Details

2015-A5581 - Summary

2015-A5581 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A5581A - Details

2015-A5581A - Summary

2015-A5581A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A5581B (ACTIVE) - Details

2015-A5581B (ACTIVE) - Summary

2015-A5581B (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A5581B

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Sponsored By

SEPULVEDA

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

Andrew Raia

Robert J. Rodriguez

Phil Steck

Annette Robinson

multi-Sponsors

Vivian Cook

2015-A5581 - Details

2015-A5581 - Summary

2015-A5581 - Bill Text download pdf

co-Sponsors

Andrew Raia

Robert J. Rodriguez

Phil Steck

Annette Robinson

multi-Sponsors

Vivian Cook

2015-A5581A - Details

2015-A5581A - Summary

2015-A5581A - Bill Text download pdf

co-Sponsors

Andrew Raia

Robert J. Rodriguez

Phil Steck

Annette Robinson

multi-Sponsors

Vivian Cook

2015-A5581B (ACTIVE) - Details

2015-A5581B (ACTIVE) - Summary

2015-A5581B (ACTIVE) - Bill Text download pdf

Comments