Establishes a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item; makes criminal possession of an anti-security item a class A misdemeanor.
Sponsor: Pheffer / Co-sponsor(s): Bing
Law Section: Penal Law / Law: Amd SS155.30 & 170.47, Pen L
Sponsor: Pheffer / Co-sponsor(s): Bing
Law Section: Penal Law / Law: Amd SS155.30 & 170.47, Pen L
A939-2011 Actions
- May 12, 2011: enacting clause stricken
- Jan 5, 2011: referred to codes
A939-2011 Text
S T A T E O F N E W Y O R K
939 2011-2012 Regular Sessions I N ASSEMBLY (PREFILED)
January 5, 2011
Introduced by M. of A. PHEFFER -- read once and referred to the Commit tee on Codes
AN ACT to amend the penal law, in relation to the possession of anti-se curity items 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 TAKEN BY A PERSON WHO IS IN POSSESSION OF AN ANTI-SECURITY ITEM. FOR THE PURPOSES OF THIS SUBDIVISION AN "ANTI-SECUR ITY ITEM" IS DEFINED AS AN ITEM DESIGNED FOR THE PURPOSE OF OVERCOMING DETECTION OF SECURITY MARKINGS OR ATTACHMENTS PLACED ON PROPERTY OFFERED FOR SALE AT SUCH AN ESTABLISHMENT.
S 2.
Section 170.47 of the penal law, as added by chapter 580 of the laws of 1983, is amended to read as follows:
S 170.47 Criminal possession of an anti-security item. A person is guilty of criminal possession of an anti-security item, when with intent to steal property at a retail mercantile establishment as defined in article twelve-B of the general business law, he knowingly possesses in such an establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on prop erty offered for sale at such an establishment. Criminal possession of an anti-security item is a class [B] A misde meanor.
S 3. 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. LBD00388-01-1

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