Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to consumer protection returned to senate died in assembly |
Jun 05, 2019 |
ordered to third reading cal.551 substituted for a7459 |
Jun 03, 2019 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1128 committee discharged and committed to rules |
May 30, 2019 |
reported and committed to codes |
Jan 16, 2019 |
referred to consumer protection |
Senate Bill S1769
2019-2020 Legislative Session
Sponsored By
(D) 32nd Senate District
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
Actions
Votes
2019-S1769 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7459
- 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
2017-2018: A2061
2021-2022: S3009, A310
2023-2024: S3241, A4218
2019-S1769 (ACTIVE) - Summary
Relates to mercantile establishments and the defense of lawful detention; sets requirements that the release from detention shall not be conditioned on signing of any documents or agreements, if anything is signed a copy must be provided to the individual or their parent or guardian.
2019-S1769 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1769 SPONSOR: SEPULVEDA 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 he detained to no more than one hour. Also, to put restrictions on mercantile establishments ability to coerce those who have allegedly 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 and that the detainee receive a copy of the signed paperwork.
2019-S1769 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1769 2019-2020 Regular Sessions I N S E N A T E January 16, 2019 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.