Relates to organized retail theft using an emergency exit.

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S6957B-2011 Actions

• Jun 18, 2012: referred to codes
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 11, 2012: AMENDED ON THIRD READING (T) 6957B
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 30, 2012: 1ST REPORT CAL.927
• Apr 19, 2012: PRINT NUMBER 6957A
• Apr 19, 2012: AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
• Apr 16, 2012: REFERRED TO CONSUMER PROTECTION

S6957B-2011 Calendars

Active List: Jun 18, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012

S6957B-2011 Votes

S6957B-2011 Memo

BILL NUMBER:S6957B

TITLE OF BILL:
An act
to amend the
penal law, in relation to
organized retail theft using an emergency exit

PURPOSE OR GENERAL IDEA OF BILL:
This bill adds a new subdivision to penal law section 155.30 to
provide that use of an emergency exit to facilitate a theft from a
mercantile establishment is classified as grand larceny in the fourth
degree.

SUMMARY OF PROVISIONS:
Section One amends the penal law by adding a new section which
provides that stealing from a mercantile establishment and using an
emergency exit to facilitate such theft shall be classified as grand
larceny in the fourth degree.

Section Two is the effective date.

JUSTIFICATION:
According to the Federal Bureau of Investigation, organized retail
theft is an industry that costs United States retailers about $30
billion per year. Organized retail crime comprises a wide spectrum of
high-volume and highly organized theft rings that cost New York
retailers hundreds of millions of dollars annually and, more
importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York
state and local governments lose out on sales tax revenue, adding up
to millions annually. Organized retail theft is the most serious
security issue facing many retail merchants, including apparel and
accessory retailers, mass merchandisers, do-it-yourself stores, drug
stores, and supermarkets. It's a crime that has grown substantially
over the past decade. Retailers are forced to offset these
significant costs through higher prices - meaning that honest
consumers are forced to endure the impact of organized retail theft
and professional shoplifters.

One of the ways that criminals commit these offenses is through the
use of an emergency exit. These thieves have been known to hide in
retail stores and wait for all employees to leave before removing
large amounts of goods through emergency exits. By amending the
general business law and the penal law to enhance penalties for those
thieves who steal from a retail establishment, and depart from an
emergency exit, these types of schemes can be deterred

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

S6957B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   6957--B
      Cal. No. 927

                              I N  SENATE

                               April 16, 2012
                                 ___________

  Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
    printed to be committed to the Committee  on  Consumer  Protection  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee -- reported favorably from said  commit-
    tee,  ordered  to first and second report, ordered to a third reading,
    amended and ordered reprinted, retaining its place  in  the  order  of
    third reading

  AN  ACT  to  amend  the penal law, in relation to organized retail theft
    using an emergency exit

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Section 155.30 of the penal law is amended by adding a new
  subdivision 12 to read as follows:

    12. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
  TO  FACILITATE  AN  ORGANIZED RETAIL CRIME, THE PERSON LEAVES THE RETAIL
  MERCANTILE ESTABLISHMENT WITH SUCH PROPERTY BY USE OF A DESIGNATED EMER-
  GENCY EXIT. FOR THE PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM  "RETAIL
  MERCANTILE  ESTABLISHMENT"  SHALL  MEAN  A  PLACE WHERE GOODS, WARES, OR
  MERCHANDISE ARE OFFERED TO THE PUBLIC FOR SALE.   FOR PURPOSES  OF  THIS
  SUBDIVISION,  ORGANIZED  RETAIL CRIME SHALL MEAN THE STEALING, EMBEZZLE-
  MENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER ILLEGAL MEANS, OF
  RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT  NORMALLY  BE  PURCHASED
  FOR  PERSONAL  USE OR CONSUMPTION FOR THE PURPOSE OF RESELLING, TRADING,
  OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE INTO COMMERCE.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15280-07-2