senate Bill S8443

2017-2018 Legislative Session

Relates to larceny in mercantile establishments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 08, 2018 referred to judiciary

S8443 - 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

S8443 - Summary

Relates to larceny in mercantile establishments.

S8443 - Sponsor Memo

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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