senate Bill S3822A

Signed By Governor
2015-2016 Legislative Session

Relates to jurisdiction for organized retail theft crimes

download bill text pdf

Sponsored By

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

view votes

Mar 22, 2016 - Codes committee Vote

S3822A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Mar 10, 2015 - Codes committee Vote

S3822
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S3822 (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

S3822 (ACTIVE) - Summary

Relates to jurisdiction for organized retail theft crimes.

S3822 (ACTIVE) - Sponsor Memo

S3822 (ACTIVE) - 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

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.

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