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 |
Senate Bill S5293A
2015-2016 Legislative Session
Sponsored By
(D) Senate District
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
Actions
Bill Amendments
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 - 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-
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
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) - 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
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
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