Relates to jurisdiction and venue for a pattern of criminal offenses.

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S2926-2013 Actions

• Apr 22, 2013: referred to codes
• Apr 22, 2013: DELIVERED TO ASSEMBLY
• Apr 22, 2013: PASSED SENATE
• Apr 15, 2013: AMENDED ON THIRD READING (T) 2926A
• Mar 20, 2013: ADVANCED TO THIRD READING
• Mar 19, 2013: 2ND REPORT CAL.
• Mar 18, 2013: 1ST REPORT CAL.212
• Mar 12, 2013: REPORTED AND COMMITTED TO CONSUMER PROTECTION
• Jan 25, 2013: REFERRED TO CODES

S2926-2013 Meetings

Codes: Mar 12, 2013, Consumer Protection: Mar 18, 2013

S2926-2013 Calendars

Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013 , Floor Calendar: Mar 27, 2013 , Floor Calendar: Apr 15, 2013

S2926-2013 Votes

S2926-2013 Memo

BILL NUMBER:S2926

TITLE OF BILL:  An act to amend the penal law, in relation to establish-
ing jurisdiction and venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:  This bill relates to jurisdiction and
venue for a pattern of criminal offenses, granting jurisdiction to any
county when at least one of the crimes constituting a pattern occurs
within that county.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section 70.16 which
provides that a person may be prosecuted for criminal actions with
respect to each of the alleged criminal offenses included within a
pattern of criminal offenses that are part of the same plan, scheme ox
adventure, in any county where at least one of the alleged criminal
offenses has occurred when such offense is part of the alleged pattern
of criminal activity.

Section Two is the effective date.

JUSTIFICATION:  This bill is part of a package of legislation that seeks
to cut down on patterns of criminal activity that rise to the level of
"organized retail theft". According to the Federal Bureau of Investi-
gation, organized retail theft 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 retail-
ers specifically 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-again, 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 supermar-
kets. It's a crime that has grown substantially over the past decade,
and has continued to grow at an unprecedented level. 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.

This legislation amends the penal law to allow crimes falling under the
definition of organized retail theft to be prosecuted in any county
where at least one alleged offense that is part of the pattern of activ-
ity has occurred. Under this legislation, one district court would be
granted jurisdiction over all criminal offenses, persons, and property
that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional limita-
tions under our current penal system and avoid committing multiple
offenses in the same county to avoid harsher penalties. This bill would

give law enforcement officials another tool in curbing organized retail
crime.

LEGISLATIVE HISTORY:  S.6958C of 2012 passed in the Senate/ A.10507A
Referred to Codes

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.

S2926-2013 Text

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

                                    2926

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 25, 2013
                                 ___________

  Introduced  by  Sens. ZELDIN, MAZIARZ -- read twice and ordered printed,
    and when printed to be committed to the Committee on Codes

  AN ACT to amend the penal law, in relation to establishing  jurisdiction
    and venue for a pattern of criminal offenses

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


    Section 1.  The penal law is amended by adding a new section 70.16  to
  read as follows:

  S  70.16  JURISDICTION AND VENUE FOR A PATTERN OF ORGANIZED RETAIL CRIME
            OFFENSES.
    1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
  EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
  INAL  OFFENSES  THAT  ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF
  ORGANIZED RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED  CRIMI-
  NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
  OF  CRIMINAL  ACTIVITY.  ONE  DISTRICT COURT OR COUNTY COURT MAY POSSESS
  JURISDICTION OVER ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY  THAT  ARE
  PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL
  OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES.
    2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
  ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
  ALLEGED PATTERN OF CRIMINAL ACTIVITY.
    3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
  STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
  ILLEGAL  MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMALLY
  BE PURCHASED FOR PERSONAL  USE  OR  CONSUMPTION,  FOR  THE  PURPOSES  OF
  RESELLING,  TRADING,  OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE IN
  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.
                                                             LBD01061-01-3