NY State Senate Bill 2017-S8443

Senate Bill S8443

2017-2018 Legislative Session

Relates to larceny in mercantile establishments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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 08, 2018	referred to judiciary

2017-S8443 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §11-105, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5292
2019-2020: S1744
2021-2022: S3013

2017-S8443 (ACTIVE) - Summary

Relates to larceny in mercantile establishments.

2017-S8443 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8443

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the general obligations law, in
relation to larceny in mercantile establishments

 
PURPOSE OR GENERAL IDEA OF BILL:

To impose a limit on the civil penalty paid to mercantile establishments
in the case of alleged larceny to the amount of no more than two times
the actual sales price (the price of the item at the specific place, on
the specific day and at the specific time of the alleged larceny) or
$50.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 11-105 of the General Obligations Law as amended by chapter 724
of the laws of 1991 is amended to define "actual sales price" as 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. If such merchandise up to the amount of $1500, is not recovered

in merchantable condition, the alleged person, or legal guardian in the
case of minor, shall be civilly liable for no more than 2 times the
actual sales price or $50, and the penalty shall not exceed $500.

 
EXISTING LAW:

Under Section 11-105, those persons who allegedly commit larceny are
civilly liable for penalties up to 5 times that of the retail price of
the good or $75.

 
JUSTIFICATION:

Mercantile establishments have been forcing exorbitant fees on those
civilly liable for damaged incurred from incidents of larceny. For
instance, in a case of larceny where an item is on sale for $10, if the
retail price of the item is $30, an alleged case of larceny would yield
of a civil liability 5 times that of the retail price, or $150.  This
represents a $140 difference for an item which the establishment was
originally willing to sell for $10. This practice could be construed as
predatory, as the mercantile establishments know the alleged offender in
legally bound to paying the exorbitant fine. This legislation would act
to curb this practice and have a fair and just penalty for the act of
larceny.

 
PRIOR LEGISLATIVE HISTORY:

2014: A.9630 - Referred to Judiciary
2016: - Referred to Judiciary

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8443 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8443
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed 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:
   (a)  the  [retail]  ACTUAL  SALES price of the merchandise OFFERED FOR
 SALE TO THE GENERAL PUBLIC AT THE TIME OF SUCH ALLEGED LARCENY  if  SUCH
 MERCHANDISE  IS  not recovered in merchantable condition up to an amount
 not to exceed fifteen hundred dollars; plus
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07384-01-7

 S. 8443                             2
 
   (b) a penalty not to exceed  the  greater  of  [five]  TWO  times  the
 [retail]  ACTUAL  SALES price of the merchandise or [seventy-five] FIFTY
 dollars; provided, however, that in no event shall such  penalty  exceed
 five hundred dollars.
   6.  Parents  or  legal  guardians  of  an unemancipated minor shall be
 civilly liable for said minor who commits larceny against  the  property
 of  a  mercantile establishment to the operator of such establishment in
 an amount consisting of:
   (a) the [retail] ACTUAL SALES price of  the  merchandise  OFFERED  FOR
 SALE  TO  THE GENERAL PUBLIC AT THE TIME OF SUCH ALLEGED LARCENY if SUCH
 MERCHANDISE IS not recovered in merchantable condition up to  an  amount
 not to exceed fifteen hundred dollars; plus
   (b)  a  penalty  not  to  exceed  the  greater of [five] TWO times the
 [retail] ACTUAL SALES price of the merchandise or  [seventy-five]  FIFTY
 dollars;  provided,  however, that in no event shall such penalty exceed
 five hundred dollars.
   7. A conviction or a plea of guilty for committing larceny  is  not  a
 prerequisite  to  the bringing of a civil suit, obtaining a judgment, or
 collecting that judgment under this section.
   8. The fact that an operator of a mercantile establishment  may  bring
 an  action  against  an individual as provided in this section shall not
 limit the right of such merchant to [demand, orally or] ASK in  writing,
 that a person who is liable for damages and penalties under this section
 remit  the  damages and penalties prior to the commencement of any legal
 action.
   9. In any action brought under subdivision six of  this  section,  the
 court shall consider in the interest of justice mitigating circumstances
 that  bear  directly upon the actions of the parent or legal guardian in
 supervising the unemancipated minor who committed the larceny.
   10. An action for recovery of damages and penalties under this section
 may be brought in any court of competent jurisdiction.
   11. The provisions of this section shall not be construed to  prohibit
 or  limit  any  other  cause of action which an operator of a mercantile
 establishment may have against a person who unlawfully takes merchandise
 from the mercantile establishment.
   12. Any testimony or statements  of  the  defendant  or  unemancipated
 minor  child of the defendant or any evidence derived from an attempt to
 reach a civil settlement or from a civil proceeding brought  under  this
 section  shall be inadmissible in any other court proceeding relating to
 such larceny.
   § 2. This act shall take effect immediately.

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