NY State Senate Bill S3822A

Archive: Last Bill Status Via A6503 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (23)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2016	signed chap.63
May 27, 2016	delivered to governor
Apr 11, 2016	returned to assembly passed senate 3rd reading cal.432 substituted for s3822a
Apr 11, 2016	substituted by a6503a
Mar 28, 2016	advanced to third reading
Mar 23, 2016	2nd report cal.
Mar 22, 2016	1st report cal.432
Jan 06, 2016	referred to codes
Jun 25, 2015	committed to rules
Jun 24, 2015	amended on third reading (t) 3822a
Jun 24, 2015	vote reconsidered - restored to third reading returned to senate recalled from assembly
Apr 27, 2015	referred to codes delivered to assembly passed senate
Mar 12, 2015	advanced to third reading
Mar 11, 2015	2nd report cal.
Mar 10, 2015	1st report cal.231
Feb 18, 2015	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3822 - Details

See Assembly Version of this Bill:: A6503
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§20.40 & 100.45, CP L
Versions Introduced in 2013-2014 Legislative Session:: S2926, A4274

S3822 - Summary

Relates to jurisdiction for organized retail theft crimes.

S3822 - Sponsor Memo

BILL NUMBER:S3822

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to establishing jurisdiction and venue for organized retail
theft crimes

PURPOSE:  To grant jurisdiction in a contiguous county when at least
one of the crimes constituting a pattern occurs within that county

SUMMARY OF PROVISIONS:

Section 1 of this bill amends the criminal procedure law by adding a
new section 20.40 (n) which provides that a person may be prosecuted
for criminal actions which respect to each of the alleged criminal
offenses included within a pattern of criminal offenses that are part
of the same plan, scheme or venture, in any county that is contiguous
to another county where at least one of the alleged criminal offenses
has occurred when such offense is part of the alleged pattern of
criminal activity.

Section 2 of this bill provides that this act shall take effect
immediately.

EXISTING LAW:  Currently there is no existing law.

JUSTIFICATION:  This bill is part of a package of legislation that

seeks to cut down on patterns of criminal activity that rise to the
level of "organized retail theft". According to the Federal Bureau of
Investigation, organized retail theft costs US retailers about $50
billion per year.  Organized retail crime comprises a wide spectrum of
high volume and highly organized theft rings that cost New York
retailers specifically hundreds of millions of dollars annually and,
more importantly, compromise the health, safety and welfare of
unsuspecting New York consumers. For every item stolen, New York 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, and has continued to grow 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.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county that is contiguous to another county where at least one alleged
offense that is part of the pattern of activity has occurred
Furthermore, the five counties of New York City are deemed contiguous
with each other. Under this legislation, one criminal court would be
granted jurisdiction over all criminal offenses, persons, and property
that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional
limitations under our current penal system and avoid committing
multiple offenses in the same county to avoid harsher penalties. This


bill would give law enforcement officials another tool in curbing
organized retail crime.

LEGISLATIVE HISTORY:  2012: S.6958C of 2012 passed in the Senate/
A.10507A Referred to Codes 2013: S.2926A of 2013 passed in the Senate/
A.4274A Recommitted to Codes 2014: S.2926B of 2014 passed in the
Senate/ A.4274B Referred to Codes

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:  This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

S3822 - Bill Text download pdf

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

                                  3822

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 18, 2015
                               ___________

Introduced  by Sen. VENDITTO -- read twice and ordered printed, and when
  printed to be committed 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

S3822A (ACTIVE) - Details

See Assembly Version of this Bill:: A6503
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§20.40 & 100.45, CP L
Versions Introduced in 2013-2014 Legislative Session:: S2926, A4274

S3822A (ACTIVE) - Summary

Relates to jurisdiction for organized retail theft crimes.

S3822A (ACTIVE) - Sponsor Memo

BILL NUMBER:S3822A

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to establishing jurisdiction for organized retail theft
crimes

PURPOSE OR GENERAL IDEA OF BILL:

To grant jurisdiction in a contiguous county when at least one of the
crimes constituting a pattern occurs within that county.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends the criminal procedure law by adding a new section
20.40(n) which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses included
within a pattern of criminal offenses that are part of the same plan,
scheme or venture, in any county that is contiguous to another county
where at least one of the alleged criminal offenses has occurred when
such offense is part of the alleged pattern of criminal activity.

Section Two is the effective date.

JUSTIFICATION:

This bill is part of a package of legislation that seeks to cut down

on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft 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
specifically hundreds of millions of dollars annually and, more
importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York 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, and has continued to grow 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.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county that is contiguous to another county where at least one alleged
offense that is part of the pattern of activity has occurred.
Furthermore, the five counties of New York City are deemed contiguous
with each other. Under this legislation, one district court would be
granted jurisdiction over all criminal offenses, persons, and property
that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional
limitations under our current penal system and avoid committing
multiple offenses in the same county to avoid harsher penalties. This


bill would give law enforcement officials another tool in curbing
organized retail crime.

PRIOR LEGISLATIVE HISTORY:  2014: S.2926-B passed Senate/ A.4274-B
Died in Codes;
2012: S.6958C of 2012 passed in the Senate/ A.10507A Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become law.

S3822A (ACTIVE) - Bill Text download pdf

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

                                 3822--A
    Cal. No. 231

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 18, 2015
                               ___________

Introduced  by Sens. VENDITTO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a  third  reading,  passed by Senate and delivered to the
  Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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

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

                                                           LBD02331-03-5

S. 3822--A                          2

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.
  S  2. Subdivision 1 of section 100.45 of the criminal procedure law is
amended to read as follows:
  1.  Where appropriate, the provisions of sections  200.20  and  200.40
AND  PARAGRAPH (N) OF SUBDIVISION FOUR OF SECTION 20.40 OF THIS CHAPTER,
governing severance of counts of an indictment and severance of  defend-
ants  for trial purposes, and governing consolidation of indictments for
trial purposes, apply to informations, to prosecutor's informations  and
to misdemeanor complaints.
  S 3. 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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The New York State Senate

senate Bill S3822A

Sponsored By

Archive: Last Bill Status Via A6503 - Signed by Governor

Your Voice

Actions

Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Mar 22, 2016 - Codes committee Vote

Codes Committee Vote: Mar 22, 2016

Apr 27, 2015 - floor Vote

Floor Vote: Apr 27, 2015

Mar 10, 2015 - Codes committee Vote

Committee Vote: Mar 10, 2015

Bill Amendments

Co-Sponsors

S3822 - Details

S3822 - Summary

S3822 - Sponsor Memo

S3822 - Bill Text download pdf

Co-Sponsors

S3822A (ACTIVE) - Details

S3822A (ACTIVE) - Summary

S3822A (ACTIVE) - Sponsor Memo

S3822A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3822A

Share this bill

Sponsored By

Michael Venditto

Archive: Last Bill Status Via A6503 - Signed by Governor

Your Voice

Actions

Votes

Apr 11, 2016 - floor Vote

Floor Vote: Apr 11, 2016

Mar 22, 2016 - Codes committee Vote

Codes Committee Vote: Mar 22, 2016

Apr 27, 2015 - floor Vote

Floor Vote: Apr 27, 2015

Mar 10, 2015 - Codes committee Vote

Committee Vote: Mar 10, 2015

Bill Amendments

Co-Sponsors

Tony Avella

S3822 - Details

S3822 - Summary

S3822 - Sponsor Memo

S3822 - Bill Text download pdf

Co-Sponsors

Tony Avella

S3822A (ACTIVE) - Details

S3822A (ACTIVE) - Summary

S3822A (ACTIVE) - Sponsor Memo

S3822A (ACTIVE) - Bill Text download pdf

Comments