Relates to jurisdiction and venue for organized retail theft crimes.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the criminal procedure law, in relation to establishing jurisdiction and venue for organized retail theft crimes
PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to jurisdiction and venue for a pattern of criminal offenses, granting jurisdiction in a contiguous county when at least one of the crimes constituting a pattern occurs within that county.
SUMMARY OF SPECIFIC PROVISIONS:
Section One amends the criminal procedure law by adding a new section 20.40(n) 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 or venture, in any county that is contiguous to another 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.
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 Investigation, organized retail theft costs United States retailers about $50 billion per year. Organized retail crime comprises a wide spectrum of high volume and highly organized theft rings that cost New York retailers 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 supermarkets. 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 that is contiguous to another county where at least one alleged offense that is part of the pattern of activity has occurred. Furthermore, the five counties of New York City are deemed contiguous with each other. Under this legislation, one criminal 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 limitations 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.
PRIOR LEGISLATIVE HISTORY:
2012: S.6958C of 2012 passed in the Senate/ A.10507A Referred to Codes
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2926--B Cal. No. 212 2013-2014 Regular Sessions IN SENATE January 25, 2013 ___________Introduced by Sens. ZELDIN, LANZA, MAZIARZ, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee and committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- passed by Senate and delivered to the Assem- bly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third read- ing AN ACT to amend the criminal procedure law, in relation to establishing jurisdiction and venue for organized retail theft crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 20.40 of the criminal procedure law is amended by adding a new paragraph (n) to read as follows: (N) (I) AN ORGANIZED RETAIL THEFT CRIME, WHERE THE DEFENDANT KNOWS THAT SUCH CRIME IS A PART OF A COORDINATED PLAN, SCHEME OR VENTURE OF ORGANIZED RETAIL THEFT CRIMES COMMITTED BY TWO OR MORE PERSONS, MAY BE PROSECUTED IN ANY COUNTY IN WHICH AT LEAST ONE SUCH ORGANIZED RETAIL THEFT CRIME WAS COMMITTED; PROVIDED, HOWEVER, THAT THE COUNTY OF PROSE- CUTION IS CONTIGUOUS TO ANOTHER COUNTY IN WHICH ONE OR MORE OF SUCH OTHER ORGANIZED RETAIL THEFT CRIMES WAS COMMITTED. FOR PURPOSES OF THIS PARAGRAPH, THE FIVE COUNTIES THAT COMPRISE NEW YORK CITY SHALL BE DEEMED CONTIGUOUS WITH EACH OTHER. (II) FOR PURPOSES OF THIS PARAGRAPH, "ORGANIZED RETAIL THEFT CRIME" SHALL MEAN AND INCLUDE A CRIME UNDER THIS CHAPTER THAT INVOLVES THE LARCENY, EMBEZZLEMENT OR OBTAINING BY FRAUD, FALSE PRETENSES OR OTHER ILLEGAL MEANS OF RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT NORMAL- LY BE PURCHASED FOR PERSONAL USE OR CONSUMPTION, FOR THE PURPOSES OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01061-05-3 S. 2926--B 2
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.