|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 08, 2018||referred to judiciary|
senate Bill S8443
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8443 - Details
S8443 - 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
S8443 - 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.
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