Assembly Bill A3682

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3682
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the penal law, in relation to criminalizing organized
   retail theft and establishing the crime  of  leader  of  an  organized
   retail  theft enterprise (Part A); to amend the penal law, in relation
   to  the  authorization  of  jurisdiction  and  venue  and   authorized
   sentences  for  a  pattern of criminal offenses (Part B); to amend the
   penal law, in relation to the aggregated value of  stolen  merchandise
   (Part  C); to amend the penal law, in relation to the use of emergency
   exit in the theft of property (Part D); to amend  the  penal  law,  in
   relation  to  the possession of anti-security items (Part E); to amend
   the penal law, in relation to retail sales receipt and universal prod-
   uct code label fraud (Part F); to amend the general business  law,  in
   relation to itinerant vendors (Part G); and to amend the penal law, in
   relation to theft with intent to resell on an online marketplace (Part
   H)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as  the  "anti-or-
 ganized retail theft act".
   §  2.  This  act enacts into law major components of legislation which
 are necessary to implement the anti-organized retail theft  act.    Each
 component  is  wholly  contained  within  a  Part  identified as Parts A
 through H. The effective date for each  particular  provision  contained
 within  such  Part  is  set  forth in the last section of such Part. Any
 provision in any section contained within a Part, including  the  effec-
 tive date of the Part, which makes reference to a section "of this act",
 when  used in connection with that particular component, shall be deemed
 to mean and refer to the corresponding section of the Part in  which  it
 is found. Section four of this act sets forth the general effective date
 of this act.

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

                                                            LBD02560-01-7

 A. 3682                             2
 
                                  PART A
 
   Section  1.  Legislative  intent.  Organized retail theft is a growing
 problem for retailers in this state and throughout the United States. It
 is committed by professional theft rings which move  across  communities
 and  states  to  pilfer merchandise from supermarkets, chain drugstores,
 independent pharmacies, mass merchandisers and convenience stores,  then
 resell  that  merchandise  over the internet, at flea markets and to the
 stores from which it was stolen. Popular items include  infant  formula,
 skin care products, heartburn medications and shaving products.  Accord-
 ing to the Federal Bureau of Investigation, organized retail theft loss-
 es  have  amounted  to  as  much as $30 billion. This act is intended to
 provide an additional tool to retailers  to  fight  back  against  these
 shoplifting gangs.
   §  2.  The  penal law is amended by adding two new sections 155.50 and
 155.55 to read as follows:
 § 155.50 RETAIL THEFT.
   1. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY TO THIS SECTION:
   (A) "SHOPPING CART" MEANS PUSHCARTS OF THE TYPE  OR  TYPES  WHICH  ARE
 COMMONLY  PROVIDED BY GROCERY STORES, DRUGSTORES OR OTHER RETAIL MERCAN-
 TILE ESTABLISHMENTS FOR THE USE OF THE PUBLIC  IN  TRANSPORTING  COMMOD-
 ITIES  IN  STORES  AND  MARKETS  AND, INCIDENTALLY, FROM THE STORES TO A
 PLACE OUTSIDE THE STORE;
   (B) "STORE OR OTHER RETAIL MERCANTILE  ESTABLISHMENT"  MEANS  A  PLACE
 WHERE  MERCHANDISE  IS DISPLAYED, HELD, STORED OR SOLD OR OFFERED TO THE
 PUBLIC FOR SALE;
   (C) "MERCHANDISE" MEANS ANY GOODS, CHATTELS, FOODSTUFFS  OR  WARES  OF
 ANY TYPE AND DESCRIPTION, REGARDLESS OF THE VALUE THEREOF;
   (D)  "MERCHANT"  MEANS  ANY  OWNER  OR  OPERATOR OF ANY STORE OR OTHER
 RETAIL  MERCANTILE  ESTABLISHMENT,  OR  ANY  AGENT,  SERVANT,  EMPLOYEE,
 LESSEE, CONSIGNEE, OFFICER, DIRECTOR, FRANCHISEE OR INDEPENDENT CONTRAC-
 TOR OF SUCH OWNER OR PROPRIETOR;
   (E)  "PERSON" MEANS ANY INDIVIDUAL OR INDIVIDUALS, INCLUDING AN AGENT,
 SERVANT OR EMPLOYEE OF A MERCHANT WHERE THE FACTS OF  THE  SITUATION  SO
 REQUIRE;
   (F) "CONCEAL" MEANS TO CONCEAL MERCHANDISE SO THAT, ALTHOUGH THERE MAY
 BE  SOME  NOTICE  OF  ITS  PRESENCE,  IT IS NOT VISIBLE THROUGH ORDINARY
 OBSERVATION;
   (G) "FULL RETAIL VALUE" MEANS  THE  MERCHANT'S  STATED  OR  ADVERTISED
 PRICE OF THE MERCHANDISE;
   (H) "PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT" MEANS AND
 INCLUDES BUT IS NOT LIMITED TO, THE RETAIL MERCANTILE ESTABLISHMENT; ANY
 COMMON  USE AREAS IN SHOPPING CENTERS AND ALL PARKING AREAS SET ASIDE BY
 A MERCHANT OR ON BEHALF OF A MERCHANT FOR THE PARKING  OF  VEHICLES  FOR
 THE CONVENIENCE OF THE PATRONS OF SUCH RETAIL MERCANTILE ESTABLISHMENT;
   (I)  "UNDER-RING"  MEANS  TO  CAUSE  THE  CASH  REGISTER OR OTHER SALE
 RECORDING DEVICE TO REFLECT LESS THAN  THE  FULL  RETAIL  VALUE  OF  THE
 MERCHANDISE;
   (J)  "ANTI-SHOPLIFTING  OR  INVENTORY  CONTROL  DEVICE COUNTERMEASURE"
 MEANS ANY ITEM OR DEVICE WHICH IS DESIGNED, MANUFACTURED,  MODIFIED,  OR
 ALTERED TO DEFEAT ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE; AND
   (K)  "ORGANIZED  RETAIL THEFT ENTERPRISE" MEANS ANY ASSOCIATION OF TWO
 OR MORE PERSONS WHO ENGAGE IN THE CONDUCT OF OR ARE ASSOCIATED  FOR  THE
 PURPOSE OF EFFECTUATING THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE.
   2.  SHOPLIFTING.  SHOPLIFTING  SHALL CONSIST OF ANY ONE OR MORE OF THE
 FOLLOWING ACTS:

 A. 3682                             3

   (A) FOR ANY PERSON PURPOSELY TO TAKE POSSESSION OF, CARRY AWAY, TRANS-
 FER OR  CAUSE  TO  BE  CARRIED  AWAY  OR  TRANSFERRED,  ANY  MERCHANDISE
 DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL
 MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
 THE  POSSESSION,  USE  OR  BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE
 SAME TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT  THE  FULL
 RETAIL VALUE THEREOF;
   (B)  FOR  ANY  PERSON  PURPOSELY  TO CONCEAL UPON HIS OR HER PERSON OR
 OTHERWISE ANY MERCHANDISE OFFERED FOR SALE BY ANY STORE OR OTHER  RETAIL
 MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
 THE PROCESSES, USE OR BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE SAME
 TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE VALUE THER-
 EOF;
   (C)  FOR  ANY PERSON PURPOSELY TO ALTER, TRANSFER OR REMOVE ANY LABEL,
 PRICE TAG OR MARKING INDICIA OF VALUE OR ANY OTHER MARKINGS WHICH AID IN
 DETERMINING VALUE AFFIXED TO ANY MERCHANDISE DISPLAYED, HELD, STORED  OR
 OFFERED  FOR  SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT
 AND TO ATTEMPT TO PURCHASE SUCH MERCHANDISE  PERSONALLY  OR  IN  CONSORT
 WITH  ANOTHER  AT  LESS THAN THE FULL RETAIL VALUE WITH THE INTENTION OF
 DEPRIVING THE MERCHANT OF ALL OR SOME PART OF THE VALUE THEREOF;
   (D) FOR ANY PERSON PURPOSELY TO TRANSFER  ANY  MERCHANDISE  DISPLAYED,
 HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE
 ESTABLISHMENT  FROM  THE  CONTAINER  IN  OR  ON  WHICH THE SAME SHALL BE
 DISPLAYED TO ANY OTHER CONTAINER WITH INTENT TO DEPRIVE THE MERCHANT  OF
 ALL OR SOME PART OF THE RETAIL VALUE THEREOF;
   (E)  FOR  ANY  PERSON  PURPOSELY  TO  UNDER-RING WITH THE INTENTION OF
 DEPRIVING THE MERCHANT OF THE FULL RETAIL VALUE THEREOF; AND
   (F) FOR ANY PERSON PURPOSELY TO REMOVE A SHOPPING CART FROM THE  PREM-
 ISES  OF  A  STORE  OR OTHER RETAIL MERCANTILE ESTABLISHMENT WITHOUT THE
 CONSENT OF THE MERCHANT GIVEN AT THE  TIME  OF  SUCH  REMOVAL  WITH  THE
 INTENTION  OF  PERMANENTLY DEPRIVING THE MERCHANT OF THE POSSESSION, USE
 OR BENEFIT OF SUCH CART.
   3. GRADATION. (A) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE  SECOND
 DEGREE IF:
   (I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS FIFTY THOUSAND DOLLARS
 OR MORE; OR
   (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
 AN  ORGANIZED  RETAIL  THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE
 MERCHANDISE IS ONE THOUSAND DOLLARS OR MORE.
   (B) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE THIRD DEGREE IF:
   (I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST  THREE  THOU-
 SAND DOLLARS BUT IS LESS THAN FIFTY THOUSAND DOLLARS; OR
   (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
 AN  ORGANIZED  RETAIL  THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE
 MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
   (C) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE FOURTH DEGREE IF  THE
 FULL  RETAIL VALUE OF THE MERCHANDISE IS AT LEAST A THOUSAND DOLLARS BUT
 IS LESS THAN THREE THOUSAND DOLLARS.
   (D) SHOPLIFTING CONSTITUTES PETIT LARCENY IF THE FULL RETAIL VALUE  OF
 THE MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
   (E)  THE  VALUE  OF  THE  MERCHANDISE  INVOLVED IN A VIOLATION OF THIS
 SECTION MAY BE AGGREGATED IN DETERMINING THE GRADE OF THE OFFENSE  WHERE
 THE  ACTS OR CONDUCT CONSTITUTING A VIOLATION WERE COMMITTED PURSUANT TO
 ONE SCHEME OR COURSE OF CONDUCT, WHETHER FROM THE SAME PERSON OR SEVERAL
 PERSONS, OR WERE COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION  WITH  AN
 ORGANIZED RETAIL THEFT ENTERPRISE.

 A. 3682                             4
 
   (F) ANY PERSON WHO POSSESSES OR USES ANY ANTI-SHOPLIFTING OR INVENTORY
 CONTROL  DEVICE  COUNTERMEASURE WITHIN ANY STORE OR OTHER RETAIL MERCAN-
 TILE ESTABLISHMENT IS GUILTY OF A CLASS B MISDEMEANOR.
   4.  PRESUMPTIONS. ANY PERSON PURPOSELY CONCEALING UNPURCHASED MERCHAN-
 DISE OF ANY STORE OR OTHER RETAIL MERCANTILE  ESTABLISHMENT,  EITHER  ON
 THE  PREMISES  OR  OUTSIDE  THE  PREMISES  OF SUCH STORE OR OTHER RETAIL
 MERCANTILE ESTABLISHMENT, SHALL BE  PRIMA  FACIE  PRESUMED  TO  HAVE  SO
 CONCEALED  SUCH MERCHANDISE WITH THE INTENTION OF DEPRIVING THE MERCHANT
 OF THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE WITHOUT PAYING THE
 FULL RETAIL VALUE THEREOF, AND THE FINDING OF SUCH MERCHANDISE CONCEALED
 UPON THE PERSON OR AMONG THE BELONGINGS OF SUCH PERSON  SHALL  BE  PRIMA
 FACIE  EVIDENCE  OF PURPOSEFUL CONCEALMENT; AND IF SUCH PERSON CONCEALS,
 OR CAUSES TO BE CONCEALED, SUCH MERCHANDISE UPON THE PERSON OR AMONG THE
 BELONGINGS OF ANOTHER, THE FINDING OF THE SAME SHALL ALSO BE PRIMA FACIE
 EVIDENCE OF WILLFUL CONCEALMENT ON THE PART OF THE PERSON SO  CONCEALING
 SUCH MERCHANDISE.
   5.  APPREHENSION. (A) A LAW ENFORCEMENT OFFICER, OR A SPECIAL OFFICER,
 OR A MERCHANT, WHO HAS PROBABLE CAUSE FOR BELIEVING THAT  A  PERSON  HAS
 WILLFULLY  CONCEALED  UNPURCHASED  MERCHANDISE  AND  THAT  HE OR SHE CAN
 RECOVER THE MERCHANDISE BY TAKING THE PERSON INTO CUSTODY, MAY, FOR  THE
 PURPOSE  OF  ATTEMPTING TO EFFECT RECOVERY THEREOF, TAKE THE PERSON INTO
 CUSTODY AND DETAIN HIM OR HER IN A REASONABLE MANNER FOR NOT MORE THAN A
 REASONABLE TIME, AND THE TAKING INTO CUSTODY BY A LAW ENFORCEMENT  OFFI-
 CER  OR  SPECIAL OFFICER OR MERCHANT SHALL NOT RENDER SUCH PERSON CRIMI-
 NALLY OR CIVILLY LIABLE IN ANY MANNER OR TO ANY EXTENT WHATSOEVER.
   (B) ANY LAW ENFORCEMENT OFFICER MAY ARREST WITHOUT WARRANT ANY  PERSON
 HE  OR SHE HAS PROBABLE CAUSE FOR BELIEVING HAS COMMITTED THE OFFENSE OF
 SHOPLIFTING AS DEFINED IN THIS SECTION.
   (C) A MERCHANT WHO CAUSES THE ARREST OF A PERSON FOR  SHOPLIFTING,  AS
 PROVIDED  FOR IN THIS SECTION, SHALL NOT BE CRIMINALLY OR CIVILLY LIABLE
 IN ANY MANNER OR TO ANY EXTENT WHATSOEVER WHERE THE MERCHANT HAS  PROBA-
 BLE  CAUSE  FOR BELIEVING THAT THE PERSON ARRESTED COMMITTED THE OFFENSE
 OF SHOPLIFTING.
 § 155.55 LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE.
   1. A PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE IF  HE
 OR  SHE  CONSPIRES WITH OTHERS AS AN ORGANIZER, SUPERVISOR, FINANCIER OR
 MANAGER, TO ENGAGE FOR PROFIT IN A SCHEME OR COURSE OF CONDUCT TO EFFEC-
 TUATE THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE. LEADER  OF  ORGAN-
 IZED  RETAIL  THEFT ENTERPRISE CONSTITUTES LARCENY IN THE SECOND DEGREE.
 NOTWITHSTANDING THE PROVISIONS OF SECTION 80.00  OF  THIS  CHAPTER,  THE
 COURT MAY IMPOSE A FINE NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS
 OR  FIVE TIMES THE RETAIL VALUE OF THE MERCHANDISE SEIZED AT THE TIME OF
 THE ARREST, WHICHEVER IS GREATER.
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION 70.35 OF THIS CHAPTER,  A
 CONVICTION  OF  LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE SHALL NOT
 MERGE WITH THE CONVICTION FOR ANY OFFENSE WHICH IS  THE  OBJECT  OF  THE
 CONSPIRACY.  NOTHING  CONTAINED IN THIS SECTION SHALL PROHIBIT THE COURT
 FROM IMPOSING AN EXTENDED TERM PURSUANT TO ARTICLE SEVENTY OF THIS CHAP-
 TER; NOR SHALL THIS SECTION BE CONSTRUED IN ANY WAY TO PRECLUDE OR LIMIT
 THE PROSECUTION OR CONVICTION OF ANY PERSON FOR CONSPIRACY UNDER ARTICLE
 ONE HUNDRED FIVE OF THIS CHAPTER, OR ANY PROSECUTION OR  CONVICTION  FOR
 ANY OTHER OFFENSE.
   3. IT SHALL NOT BE NECESSARY IN ANY PROSECUTION UNDER THIS SECTION FOR
 THE  STATE  TO PROVE THAT ANY INTENDED PROFIT WAS ACTUALLY REALIZED. THE
 TRIER OF FACT MAY INFER THAT A PARTICULAR SCHEME OR  COURSE  OF  CONDUCT
 WAS  UNDERTAKEN  FOR  PROFIT  FROM  ALL  OF THE ATTENDING CIRCUMSTANCES,

 A. 3682                             5
 
 INCLUDING BUT NOT LIMITED TO THE  NUMBER  OF  PERSONS  INVOLVED  IN  THE
 SCHEME  OR  COURSE  OF  CONDUCT,  THE  ACTOR'S  NET WORTH AND HIS OR HER
 EXPENDITURES IN RELATION TO HIS OR HER LEGITIMATE SOURCES OF INCOME, THE
 AMOUNT  OF  MERCHANDISE  INVOLVED,  OR  THE  AMOUNT  OF CASH OR CURRENCY
 INVOLVED.
   4. IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION  THAT
 ANY SHOPLIFTED MERCHANDISE WAS BROUGHT INTO OR TRANSPORTED IN THIS STATE
 SOLELY  FOR  ULTIMATE DISTRIBUTION IN ANOTHER JURISDICTION; NOR SHALL IT
 BE A DEFENSE THAT ANY PROFIT WAS INTENDED TO BE MADE IN  ANOTHER  JURIS-
 DICTION.
   § 3. Section 155.40 of the penal law, as amended by chapter 515 of the
 laws of 1986, is amended to read as follows:
 § 155.40 Grand larceny in the second degree.
   A  person  is  guilty of grand larceny in the second degree when he OR
 SHE steals property and when:
   1. [The] THE value of the property  exceeds  fifty  thousand  dollars;
 [or]
   2. [The] THE property, regardless of its nature and value, is obtained
 by extortion committed by instilling in the victim a fear that the actor
 or  another  person will (a) cause physical injury to some person in the
 future, or (b) cause damage to property, or (c) use or abuse his OR  HER
 position as a public servant by engaging in conduct within or related to
 his  OR  HER  official  duties,  or by failing or refusing to perform an
 official duty, in such manner as to affect some person adversely; OR
   3. THE PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT  ENTERPRISE  AS
 PROVIDED IN SECTION 155.55 OF THIS ARTICLE.
   Grand larceny in the second degree is a class C felony.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART B
 
   Section 1. The penal law is amended by adding a new section  70.16  to
 read as follows:
 § 70.16 SENTENCES  OF  IMPRISONMENT  OR  FINES FOR A PATTERN OF CRIMINAL
            OFFENSE.
   1. DEFINITION OF PATTERN OF CRIMINAL OFFENSE. A "PATTERN  OF  CRIMINAL
 OFFENSE" MEANS TWO OR MORE CRIMINAL OFFENSES ARE COMMITTED AND:
   (A) ARE PART OF THE SAME PLAN, SCHEME OR ADVENTURE;
   (B)  ARE  A  SEQUENCE  OF  TWO  OR  MORE OF THE SAME CRIMINAL OFFENSES
 COMMITTED AND ARE NOT SEPARATED BY AN INTERVAL OF MORE THAN THIRTY  DAYS
 BETWEEN  THE  FIRST AND SECOND OFFENSE, THE SECOND AND THIRD, AND SO ON;
 OR
   (C) EACH PROCEEDS FROM OR POSSESSES AN ANTECEDENT ELEMENT OF  A  PRIOR
 INCIDENT  OR PATTERN OF FRAUD, ROBBERY, BURGLARY, THEFT, IDENTITY THEFT,
 RECEIPT OF STOLEN PROPERTY, FALSE PERSONATING, FALSE PRETENSES,  OBTAIN-
 ING  PROPERTY  BY  TRICK OR DECEPTION, USING A CREDIT CARD OR DEBIT CARD
 WITHOUT CONSENT, OR THE MAKING, TRANSFERRING OR RECEIPT OF  A  FALSE  OR
 FRAUDULENT IDENTIFICATION CARD.
   2.  AUTHORIZED  SENTENCE.  WHEN  THE COURT HAS FOUND THAT A PERSON HAS
 ENGAGED IN A PATTERN OF CRIMINAL OFFENSES IN TWO  OR  MORE  COUNTIES  IN
 THIS  STATE  OR  WHO  ATTEMPTED  OR CONSPIRED WITH OTHERS TO ENGAGE IN A
 PATTERN OF CRIMINAL OFFENSES, THE COURT MAY IMPOSE:
   (A) A SENTENCE OF IMPRISONMENT IN THE DEPARTMENT OF CORRECTIONS FOR  A
 TERM NOT EXCEEDING TWO YEARS;

 A. 3682                             6
 
   (B)  A  SENTENCE  OF  IMPRISONMENT  IN  THE COUNTY JAIL FOR A TERM NOT
 EXCEEDING ONE YEAR;
   (C) A FINE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS; OR
   (D)  BOTH,  A  FINE  IN  AN  AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND
 DOLLARS AND IMPRISONMENT.
   SUCH PUNISHMENT SHALL BE IN ADDITION TO ANY PENALTY  IMPOSED  FOR  ANY
 OFFENSE INVOLVED IN THE PATTERN OF CRIMINAL OFFENSES.
   3. JURISDICTION AND VENUE. (A) A PERSON MAY BE PROSECUTED FOR CRIMINAL
 ACTIONS  WITH  RESPECT TO EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED
 WITHIN A PATTERN OF CRIMINAL OFFENSES AS DEFINED IN SUBDIVISION  ONE  OF
 THIS  SECTION, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE
 HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL
 ACTIVITY.  ONE DISTRICT COURT MAY POSSESS JURISDICTION OVER ALL CRIMINAL
 OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED
 TO, EACH OR ALL OF THE ALLEGED CRIMINAL  OFFENSES  FORMING  THE  ALLEGED
 PATTERN OF CRIMINAL OFFENSES.
   (B)  SUBDIVISION  TWO  OF THIS SECTION SHALL BE ENFORCED IN ANY COUNTY
 WHERE AT LEAST ONE  ALLEGED  CRIMINAL  OFFENSE  HAS  OCCURRED  AND  SUCH
 OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
                                  PART C
 
   Section  1.  Section  155.30 of the penal law is amended by adding two
 new subdivisions 1-a and 1-b to read as follows:
   1-A. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT  AS
 DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL BUSINESS LAW AND
 THE  AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE ADVER-
 TISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
   1-B. THE PROPERTY IS STOLEN BY ONE PERSON, OR BY TWO OR  MORE  PERSONS
 WORKING  IN  ASSOCIATION,  FROM  ONE  OR MORE THAN ONE RETAIL MERCANTILE
 ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL
 BUSINESS LAW WITHIN A PERIOD OF THIRTY DAYS OR LESS  BETWEEN  THE  FIRST
 AND  SECOND  EPISODE,  THE  SECOND AND THIRD EPISODE, AND SO ON, AND THE
 AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE  ADVERTISED
 RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

                                  PART D
 
   Section  1. Section 155.30 of the penal law is amended by adding a new
 subdivision 14 to read as follows:
   14. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
 TO FACILITATE THE THEFT, THE PERSON LEAVES THE RETAIL MERCANTILE  ESTAB-
 LISHMENT  WITH  SUCH PROPERTY BY USE OF A DESIGNATED EMERGENCY EXIT. FOR
 THE PURPOSES OF THIS SUBDIVISION, THE TERM "RETAIL MERCANTILE ESTABLISH-
 MENT" SHALL MEAN A PLACE WHERE GOODS, WARES OR MERCHANDISE  ARE  OFFERED
 TO THE PUBLIC FOR SALE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART E

 A. 3682                             7

   Section 1. Section 155.30 of the penal law is amended by adding a  new
 subdivision 15 to read as follows:
   15. THE PROPERTY IS TAKEN BY A PERSON WHO IS IN POSSESSION OF AN ANTI-
 SECURITY  ITEM.  FOR  THE PURPOSES OF THIS SUBDIVISION AN "ANTI-SECURITY
 ITEM" IS DEFINED AS AN ITEM  DESIGNED  FOR  THE  PURPOSE  OF  OVERCOMING
 DETECTION OF SECURITY MARKINGS OR ATTACHMENTS PLACED ON PROPERTY OFFERED
 FOR SALE AT SUCH AN ESTABLISHMENT.
   §  2.  Section 170.47 of the penal law, as added by chapter 580 of the
 laws of 1983, is amended to read as follows:
 § 170.47 Criminal possession of an anti-security item.
   A person is guilty of criminal possession of  an  anti-security  item,
 when  with intent to steal property at a retail mercantile establishment
 as defined in article twelve-B of the general business law,  he  OR  SHE
 knowingly  possesses  in  such an establishment an item designed for the
 purpose of overcoming detection  of  security  markings  or  attachments
 placed on property offered for sale at such an establishment.
   Criminal  possession  of an anti-security item is a class [B] A misde-
 meanor.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
                                  PART F
 
   Section 1. The penal law  is  amended  by  adding  four  new  sections
 165.80, 165.81, 165.82 and 165.83 to read as follows:
 § 165.80 DEFINITIONS;  APPLICATION  TO  OFFENSES  REGARDING RETAIL SALES
            RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS.
   AS USED IN SECTIONS 165.81, 165.82 AND 165.83  OF  THIS  ARTICLE,  THE
 FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "RETAIL SALES RECEIPT" MEANS ANY HANDWRITTEN OR MACHINE OR
 COMPUTER  PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER TO ACKNOWL-
 EDGE PAYMENT RECEIVED BY A CUSTOMER.
   2. THE TERM "UNIFORM PRODUCT CODE LABEL" MEANS ANY BAR CODE  OR  OTHER
 CODING  SYSTEM  DESIGNED  TO  BE READ BY COMPUTER WHICH CONTAINS PRICING
 INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND READ BY
 A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING SALE  PRICE
 OF A GOOD.
 § 165.81 RETAIL  SALES  RECEIPT  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE
            SECOND DEGREE.
   A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL  PRODUCT  CODE
 FRAUD  IN  THE  SECOND  DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
 PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
 SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A  RETAIL
 SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT.
   RETAIL  SALES  RECEIPT  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND
 DEGREE IS A CLASS A MISDEMEANOR.
 § 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT  CODE  FRAUD  IN  THE
            FIRST DEGREE.
   A  PERSON  IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
 FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT  TO  DECEIVE  OR  DEFRAUD  A
 PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
 SHE  USES,  TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN
 OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR  COMBINATION
 THEREOF KNOWING SUCH TO BE COUNTERFEIT.
   RETAIL  SALES  RECEIPT  OR  UNIVERSAL  PRODUCT CODE FRAUD IN THE FIRST
 DEGREE IS A CLASS E FELONY.

 A. 3682                             8
 
 § 165.83 POSSESSION OF A FRAUDULENT RETAIL SALES  RECEIPT  OR  UNIVERSAL
            PRODUCT CODE MANUFACTURING DEVICE.
   A  PERSON IS GUILTY OF POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT
 OR UNIVERSAL PRODUCT CODE MANUFACTURING  DEVICE  WHEN,  WITH  INTENT  TO
 DECEIVE  OR  DEFRAUD  A  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
 GOODS OR SERVICES, HE OR SHE POSSESSES A DEVICE THAT MANUFACTURES  FRAU-
 DULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS.
   POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
 CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
                                  PART G
 
   Section 1. Section 38 of the general business law, as added by chapter
 282 of the laws of 1995, is amended to read as follows:
   §  38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
 ER, an authorized manufacturer's representative, or authorized distribu-
 tor, shall offer for sale any of the following items:
   1. [Food manufactured and packaged for sale for consumption by a child
 under the age of two years; or
   2. Drugs as defined in section three thousand three hundred two of the
 public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD  MANUFACTURED
 AND  PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
 AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
   2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY  NON-NARCOTIC  MEDI-
 CINE  OR  DRUG  THAT  MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
 INCLUDE ANY DRUGS COMMONLY KNOWN  AS  "OVER-THE-COUNTER  DRUGS,"  HERBAL
 PRODUCTS,  DIETARY  SUPPLEMENTS,  BOTANICAL  EXTRACTS,  AND VITAMINS AND
 SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO-
 EIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES,  OR  OFFI-
 CIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
   3.  COSMETICS,  WHICH  SHALL  MEAN  MERCHANDISE,  OTHER THAN SOAP, BUT
 INCLUDING RAZOR BLADES, THAT IS INTENDED TO BE  RUBBED,  POURED,  SPRIN-
 KLED,  OR  SPRAYED  ONTO,  INTRODUCED  INTO, OR OTHERWISE APPLIED TO THE
 HUMAN BODY OR ANY PART THEREOF  FOR  CLEANSING,  BEAUTIFYING,  PROMOTING
 ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
 THEREOF; OR
   4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
 CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
 TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
 POWER.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section 1. The opening paragraph of section 155.30 of the  penal  law,
 as  amended  by  chapter  515 of the laws of 1986, is amended to read as
 follows:
   A person is guilty of grand larceny in the fourth degree  when  he  OR
 SHE steals property OR FRAUDULENTLY OBTAINS PROPERTY and when:
   §  2.  Section  155.30  of  the penal law is amended by adding two new
 subdivisions 12 and 13 to read as follows:
   12. THE VALUE OF THE PROPERTY OR AGGREGATED VALUE EXCEEDS ONE THOUSAND
 DOLLARS AND THE PERSON HAD THE INTENT TO  RESELL  SUCH  PROPERTY  ON  AN
 ONLINE MARKETPLACE.

 A. 3682                             9
 
   FOR  THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION THIRTEEN OF THIS
 SECTION, "ONLINE MARKETPLACE" SHALL MEAN AN INTERNET SITE USED TO FACIL-
 ITATE THE SALE OF GOODS AND SERVICES, INCLUDING ANY INTERNET  SITE  USED
 FOR  AUCTIONS  THAT  ARE  OPERATED  BY ANY BUYER, SELLER, OR THIRD-PARTY
 INTERMEDIARY.
   13. THE PERSON SELLS, ATTEMPTS TO SELL, OR POSSESSES STOLEN OR FRAUDU-
 LENTLY  OBTAINED   PROPERTY WITH AN INTENT TO RESELL SUCH PROPERTY ON AN
 ONLINE MARKETPLACE, AND SUCH PERSON KNEW OR SHOULD HAVE KNOWN THAT  SUCH
 PROPERTY WAS STOLEN.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect immediately provided, however, that
 the applicable effective dates of Parts A through H of this act shall be
 as specifically set forth in the last section of such Parts.