Senate Bill S8445

2017-2018 Legislative Session

Relates to mercantile establishments and the defense of lawful detention

download bill text pdf

Sponsored By

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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2017-S8445 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §218, Gen Bus L

2017-S8445 (ACTIVE) - Summary

Relates to mercantile establishments and the defense of lawful detention.

2017-S8445 (ACTIVE) - Sponsor Memo

2017-S8445 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8445
 
                             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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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