NY State Senate Bill 2017-S5820

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2017	referred to consumer protection

2017-S5820 (ACTIVE) - Details

See Assembly Version of this Bill:: A2061
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §218, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9672
2015-2016: A5581
2019-2020: A7459
2021-2022: A310
2023-2024: A4218

2017-S5820 (ACTIVE) - Summary

Relates to mercantile establishments and the defense of lawful detention.

2017-S5820 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5820

 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. Ensuring that parents of
minors are involved right away. ensuring that the detainee receive a
copy of the signed paperwork.

 SUMMARY OF SPECIFIC PROVISIONS :

Subdivision 1 of section 218 of the General Business Law as amended by
chapter 374 of the laws of 1994 is amended 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. This bill is also ensuring
that parents of minors are involved right away and that the detainee
receive a copy of the signed paperwork.

 EXISTING LAW :

Under Subdivision I of section 218, current law states retail
mercantile establishments may detain person who have allegedly
committed larceny for the purpose of investigation or questioning in
regards to criminal possession of items. This authority is given to
authorized employees such as owner, employee, or agent who have reason
to believe that said person who is detained was guilty of criminal
possession of the item.

 JUSTIFICATION :

There have been instances where mercantile stores have knowingly
abused the vague language in the law regarding their management of
persons who have allegedly committed larceny. It is possible, because
of how loosely the law can be interpreted, for mercantile stores to
detain such persons for hours or until they have agreed to sign an
admission of guilt. These admissions of guilt subject, the individuals
to responsibility for the damages incurred. The mercantile
establishments have then coerced individuals to either pay the civil
penalties directly or open credit card accounts with the
establishment.

Additionally, after the detained person agrees to pay the civil
penalties to the mercantile establishments, they can be coerced into
signing a statement which then absolves the establishment of any wrong
doing during the detention process. These statements can be as such:
"the mercantile establishment didn't coerce you in any way into
signing anything you signed voluntary."

Such practices can lead to an abuse of power, and a predatory business
practice, whereby mercantile stores profit from persons who have
allegedly committed larceny. This legislation will strengthen the
guidelines for these practices, and stop the practice of coercion
during these detention periods.

 PRIOR LEGISLATIVE HISTORY :

2014: Referred to Economic Development
2016: ordered to third reading rules cal.127

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5820 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5820
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 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:
   §  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  OR  HER
 special  duties, police officer or by the owner of the retail mercantile
 establishment or motion picture theater, his OR HER 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  opera-
 tion 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.

                                                            LBD07383-02-7

 S. 5820                             2
 
 possession  of unpurchased merchandise of a retail mercantile establish-
 ment, or [(ii)] (B) has possession of an item designed for  the  purpose
 of  overcoming  detection  of  security  markings  attachments placed on
 merchandise  offered  for  sale at such an establishment, or [(iii)] (C)
 has possession of a recording device in a  theater  in  which  a  motion
 picture is being exhibited [and a].
   3.  A  "reasonable  time" shall mean the time necessary, NOT TO EXCEED
 ONE HOUR, EXCEPT FOR EXTRAORDINARY CIRCUMSTANCES, to permit  the  person
 detained to make a statement or to refuse to make a statement[,] and the
 time necessary to examine employees and records of the mercantile estab-
 lishment  relative to the ownership of the merchandise, or possession of
 such an item or device.
   4.   THE RELEASE FROM DETENTION SHALL  NOT  BE  CONDITIONED  UPON  ANY
 REQUIREMENT  THAT,  THE  PERSON  DETAINED PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION, OR HIS OR HER PARENT OR LEGAL  GUARDIAN,  SIGN  ANY  DOCU-
 MENTS, STATEMENTS, OR AGREEMENTS TO PAY DAMAGES. ANY DOCUMENTS PRESENTED
 SHALL NOT CONTAIN ANY MESSAGE STATING THAT SUCH DOCUMENT OR STATEMENT IS
 BEING  SIGNED  VOLUNTARILY AND WITHOUT COERCION. ANY PERSON DETAINED, OR
 HIS OR HER PARENT OR LEGAL GUARDIAN, WHO SIGNS ANY  STATEMENT  OR  DOCU-
 MENTS,  SHALL,  UPON RELEASE, BE PROVIDED WITH COPIES OF SUCH STATEMENTS
 OR DOCUMENTS SO SIGNED.  A MINOR, UNDER THE AGE  OF  EIGHTEEN,  DETAINED
 PURSUANT  TO THIS SECTION, SHOULD IMMEDIATELY BE AFFORDED THE ABILITY TO
 CONTACT HIS OR HER PARENTS OR LEGAL GUARDIAN.
   5. Such detention at such vicinity shall not authorize the  taking  of
 such person's fingerprints at such vicinity unless the taking of finger-
 prints  is otherwise authorized by section 160.10 of the criminal proce-
 dure law and are taken by the  arresting  or  other  appropriate  police
 officer or agency described therein in accordance with section 140.20 or
 140.27 of such law. Whenever fingerprints are taken, the requirements of
 article  one  hundred sixty of the criminal procedure law shall apply as
 if fully set forth herein.
   § 2. This act shall take effect immediately.

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Senate Bill S5820

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2017-S5820 (ACTIVE) - Details

2017-S5820 (ACTIVE) - Summary

2017-S5820 (ACTIVE) - Sponsor Memo

2017-S5820 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5820

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2017-S5820 (ACTIVE) - Details

2017-S5820 (ACTIVE) - Summary

2017-S5820 (ACTIVE) - Sponsor Memo

2017-S5820 (ACTIVE) - Bill Text download pdf

Comments