Assembly Bill A3174

2017-2018 Legislative Session

Relates to larceny in mercantile establishments

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2017-A3174 (ACTIVE) - Details

Law Section:
General Obligations Law
Laws Affected:
Amd §11-105, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9630
2015-2016: A5595

2017-A3174 (ACTIVE) - Summary

Relates to larceny in mercantile establishments.

2017-A3174 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3174
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. SEPULVEDA, RAIA, STECK -- Multi-Sponsored by --
   M. of A. COOK, GARBARINO -- read once and referred to the Committee on
   Judiciary
 
 AN ACT to amend the general obligations law, in relation to  larceny  in
   mercantile establishments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11-105 of the general obligations law, as added  by
 chapter 724 of the laws of 1991, is amended to read as follows:
   § 11-105. Larceny  in  mercantile establishments. 1. When used in this
 section, the term "mercantile establishment" shall mean a place or vehi-
 cle where goods, wares or merchandise are offered for sale or a place or
 vehicle from which deliveries of goods, wares or merchandise are made.
   2. When used in this section, the term "larceny" is an act  heretofore
 defined  or known as common law larceny by trespassory taking as defined
 in paragraph (a) of subdivision two of section 155.05 of the  penal  law
 committed against the property of a mercantile establishment.
   2-A.  WHEN  USED  IN THIS SECTION, THE TERM "ACTUAL SALES PRICE" SHALL
 MEAN THE PRICE OF THE MERCHANDISE OFFERED FOR SALE TO THE PUBLIC AT  THE
 SPECIFIC  PLACE,  ON  THE  SPECIFIC  DAY AND AT THE SPECIFIC TIME OF THE
 ALLEGED LARCENY.
   3. When used in this section, the term "emancipated minor" shall  mean
 a  person  who  was  over  the age of sixteen at the time of the alleged
 larceny and who was no longer a dependent of or  in  the  custody  of  a
 parent or legal guardian.
   4.  In  any  proceeding brought under this section the burden of proof
 shall be by a preponderance of the evidence.
   5. An adult or emancipated minor who commits larceny against the prop-
 erty of a mercantile establishment shall be civilly liable to the opera-
 tor of such establishment in an amount consisting of:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07384-01-7
              

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