S T A T E   O F   N E W   Y O R K
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                                  6734

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced  by  M.  of  A. CUSICK, GUNTHER, TITONE, SCARBOROUGH, CRESPO,
  ZEBROWSKI, WEPRIN -- Multi-Sponsored by --  M.  of  A.  CLARK,  MAGEE,
  SIMANOWITZ -- read once and referred to the Committee on Codes

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.  Subdivisions  9, 10 and 11 of section 155.30 of the penal
law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11
as added by chapter 394 of the laws of  2005,  are  amended  and  a  new
subdivision 12 is added to read as follows:
  9. The property consists of a scroll, religious vestment, a vessel, an
item  comprising  a display of religious symbols which forms a represen-
tative expression of faith, or  other  miscellaneous  item  of  property
which:
  (a) has a value of at least one hundred dollars; and
  (b)  is  kept  for or used in connection with religious worship in any
building, structure or upon the curtilage of such building or  structure
used  as  a  place  of  religious worship by a religious corporation, as
incorporated under the  religious  corporations  law  or  the  education
law[.]; OR
  10. The property consists of an access device which the person intends
to use unlawfully to obtain telephone service[.]; OR
  11.  The  property  consists of anhydrous ammonia or liquified ammonia
gas and the actor intends to use, or knows  another  person  intends  to
use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
methamphetamine[.]; OR
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08702-01-5
              

A. 6734                             2

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.