Senate Bill S5293A

2015-2016 Legislative Session

Relates to mercantile establishments and the defense of lawful detention

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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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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 - Summary

Relates to mercantile establishments and the defense of lawful detention.

2015-S5293 - Sponsor Memo

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) - Summary

Relates to mercantile establishments and the defense of lawful detention.

2015-S5293A (ACTIVE) - Sponsor Memo

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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