S2928-2013 - NY Senate Open Legislation - Relates to organized retail theft using an emergency exit

Relates to organized retail theft using an emergency exit.

Sponsor: ZELDIN / Co-sponsor(s): MAZIARZ, SAVINO / Committee: CODES
Law Section: Penal Law / Law: Amd S155.30, Pen L

S2928-2013 Actions

Apr 22, 2013: referred to codes
Apr 22, 2013: DELIVERED TO ASSEMBLY
Apr 22, 2013: PASSED SENATE
Mar 20, 2013: ADVANCED TO THIRD READING
Mar 19, 2013: 2ND REPORT CAL.
Mar 18, 2013: 1ST REPORT CAL.214
Mar 12, 2013: REPORTED AND COMMITTED TO CONSUMER PROTECTION
Jan 25, 2013: REFERRED TO CODES

S2928-2013 Meetings

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

S2928-2013 Calendars

Active List: Apr 22, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 23, 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 , Floor Calendar: Apr 16, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013

S2928-2013 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 12, 2013

Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Espaillat, Sampson, O'Brien
Ayes W/R (2): Perkins, Hoylman

VOTE: COMMITTEE VOTE: - Consumer Protection - Mar 18, 2013

Ayes (7): Zeldin, Boyle, Fuschillo, Little, Marchione, Maziarz, Savino
Ayes W/R (3): Hoylman, Gipson, Latimer
Nays (1): Serrano

VOTE: FLOOR VOTE: - Apr 22, 2013

Ayes (52): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (9): Hassell-Thomps, Hoylman, Krueger, Montgomery, Parker, Perkins, Rivera, Serrano, Tkaczyk
Excused (2): Adams, Hannon

S2928-2013 Memo

BILL NUMBER:S2928

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, organ-
ized 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 impor-
tantly,  compromise  the health, safety, and welfare of unsuspecting New
York consumers. For every item stolen, New York State and local  govern-
ments  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. Retail-
ers are forced to offset these significant costs through higher prices -
meaning that honest consumers are forced to endure the impact of  organ-
ized 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 or by having a "get-away" car parked
outside an emergency exit. By amending the penal law to  enhance  penal-
ties for those thieves who steal from a retail establishment, and depart
from an emergency exit, these types of schemes can be deterred.

LEGISLATIVE HISTORY:

S.6957B of 2012 passed in the Senate/ A.10327A 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.

S2928-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2928
 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  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.
 LBD01050-01-3

S2928-2013: Relates to organized retail theft using an emergency exit