Relates to the prevention of organized retail crime.
Ayes (61): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, 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, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Adams, Hannon
TITLE OF BILL: An act to amend the penal law, in relation to the prevention of organized retail crime
PURPOSE OR GENERAL IDEA OF BILL: This bill amends the penal law by classifying organized retail crime as grand larceny in the fourth degree under certain circumstances.
SUMMARY OF PROVISIONS:
Section One amends section 155.30 of the penal law by adding new subdivisions 12 and 13. Pursuant to section 12, grand larceny in the fourth degree shall include the stealing of property from a retail mercantile establishment when the aggregated value of price tags, sticker tags, or otherwise advertised retail prices of such property exceeds one thousand dollars. Subdivision 13 provides that the aggregate amount for grand larceny in the fourth degree with regard to theft of retail merchandise can be calculated by including property that is stolen over a sixty day period by one or more persons working in association.
Section Two is the effective date.
JUSTIFICATION: According to the Federal Bureau of Investigation, organized 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 importantly, compromises the health, safety, and welfare of unsuspecting New York consumers. For every item stolen, New York State and our 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 unprecedented levels. 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. The intelligent criminals engaged in organized retail crime are aware of the monetary limitations under our penal system and intentionally steal merchandise under these limits in each store. This legislation would give law enforcement an additional tool in curbing this form of organized crime.
LEGISLATIVE HISTORY: S.6956A of 2012 Passed in the Senate/ A.10328A 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.
STATE OF NEW YORK ________________________________________________________________________ 2930 2013-2014 Regular Sessions IN 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 the prevention of organ- ized retail crime 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 two new subdivisions 12 and 13 to read as follows: 12. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL BUSINESS LAW AND THE AGGREGATED VALUE OF PRICE TAGS, STICKER TAGS, OR OTHERWISE ADVER- TISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS. 13. THE PROPERTY IS STOLEN BY ONE PERSON, OR BY TWO OR MORE PERSONS WORKING IN ASSOCIATION, FROM ONE OR MORE THAN ONE RETAIL MERCANTILE ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL BUSINESS LAW WITHIN A PERIOD OF SIXTY DAYS OR LESS BETWEEN THE FIRST AND SECOND EPISODE, THE SECOND AND THIRD EPISODE, OR BETWEEN ANY SUCCEEDING EPISODES, AND THE AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE ADVERTISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS. 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. LBD01062-02-3