assembly Bill A4798

2021-2022 Legislative Session

Relates to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2021 referred to consumer affairs and protection

Co-Sponsors

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A4798 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §349-g, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10120
2013-2014: A2875
2015-2016: A2538
2017-2018: A3651, A10902
2019-2020: A6374

A4798 (ACTIVE) - Summary

Relates to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions.

A4798 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4798
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. SMITH -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to  communications
   by  retail  stores  attempting  to  settle civil actions deriving from
   larceny prosecutions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 349-g to read as follows:
   §  349-G.  CIVIL  PROCEEDINGS  IN  LARCENY PROSECUTIONS. 1. WHENEVER A
 MERCHANT OR RETAIL STORE ATTEMPTS TO  SETTLE  A  CIVIL  ACTION  THAT  IS
 DERIVATIVE OF A CRIMINAL PROSECUTION COMMENCED UNDER ARTICLE ONE HUNDRED
 FIFTY-FIVE  OF  THE  PENAL  LAW,  ALL  COMMUNICATIONS PERTAINING TO SUCH
 ATTEMPTED SETTLEMENT SHALL CONTAIN THE FOLLOWING STATEMENT, WHICH SHALL,
 IF WRITTEN, BE IN A CONSPICUOUS PLACE, IN FONT LARGER THAN THE REMAINDER
 OF THE COMMUNICATION, AND, IF SPOKEN, READ IN ITS ENTIRETY:
   THIS IS AN ATTEMPT TO REACH A SETTLEMENT AGREEMENT IN A  CIVIL  ACTION
 FOR  SATISFACTION OF DAMAGES RELATED TO A CRIMINAL PROSECUTION. YOU HAVE
 THE RIGHT TO REFUSE THIS OFFER. YOUR ACCEPTANCE OR REFUSAL OF THIS OFFER
 HAS NO EFFECT ON ANY CRIMINAL ACTION ARISING FROM THE EVENTS THAT LED TO
 THIS CIVIL ACTION. FAILURE TO ACCEPT THIS AGREEMENT MAY RESULT IN  CIVIL
 LITIGATION AGAINST YOU.
   2.  A MERCHANT OR RETAIL STORE THAT FAILS TO INCLUDE SUCH STATEMENT IN
 ANY COMMUNICATION WITH DEFENDANT SHALL BE STRICTLY LIABLE FOR:
   (A) ANY ACTUAL DAMAGES SUSTAINED BY DEFENDANT  AS  A  RESULT  OF  SUCH
 FAILURE;
   (B)  TREBLE  THE  AMOUNT SOUGHT BY THE MERCHANT OR RETAIL STORE IN ANY
 SUCH SETTLEMENT AGREEMENT. IN THE CASE OF  MULTIPLE  SETTLEMENT  OFFERS,
 THE  AMOUNT  TO BE TREBLED SHALL BE THE HIGHEST SETTLEMENT AMOUNT SOUGHT
 BY SUCH MERCHANT OR RETAIL STORE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06853-01-1