Bill S529-2011

Enacts the "anti-organized retail theft act"

Enacts the "anti-organized retail theft act"; criminalizes organized retail theft and establishes the crime of leader of an organized retail theft enterprise; relates to the authorization of jurisdiction and venue and authorized sentences for a pattern of criminal offenses; relates to the aggregated value of stolen merchandise; relates to the use of an emergency exit in the theft of property; relates to the possession of anti-security items; relates to retail sales receipt and universal product code label fraud; relates to itinerant vendors; and relates to theft with intent to resell on an online marketplace.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S529

TITLE OF BILL: An act to amend the penal law, in relation to criminalizing organized retail theft and establishing the crime of leader of an organized retail theft enterprise (Part A); to amend the penal law, in relation to the authorization of jurisdiction and venue and authorized sentences for a pattern of criminal offenses (Part B); to amend the penal law, in relation to the aggregated value of stolen merchandise (Part C); to amend the penal law, in relation to the use of emergency exit in the theft of property (Part D); to amend the penal law, in relation to the possession of anti-security items (Part E); to amend the penal law, in relation to retail sales receipt and universal product code label fraud (Part F); to amend the general business law, in relation to itinerant vendors (Part G); and to amend the penal law, in relation to theft with intent to resell on an online marketplace (Part H)

PURPOSE: To create within the penal law and general business law a Omnibus Anti-Organized Retail Theft Act. (AORTA)

Part A provides law enforcement parity with the State of New Jersey in an attempt to halt the burgeoning criminal activity known as organized retail theft.

* Part B defines a pattern of crimes related to organized retail theft; authorizes sentencing, fines and imprisonment; and allows District Attorneys to have venue and jurisdiction over the criminal offense of organized retail theft when at least one of the crimes constituting a pattern occurs within their county;

* Part C would codify state court rulings which allow prosecutors to aggregate or add together numerous petite larcenies that are part of a connected organized crime spree thus allowing prosecutors to charge grand larceny in the 4th Degree (a Class E Felony with up to 4 years in prison);

* Part D would make the use of stores emergency exit as means of escape by organized theft rings a class E felony (1 to 4 years) thereby providing store security and prosecutors another weapon in curtailing these activities;

* Part E would enhance penalties for theft of property by a person who possesses an item designed to block or otherwise override security markings, tags, or attachments placed on property offered for sale in a retail mercantile establishment otherwise known as "booster bags";

* Part F amends the penal law to make it a criminal offense to transfer, make, alter, counterfeit or reproduce a retail sales receipt or universal product code when the individual knows that the sales receipt or universal product code is counterfeit. This legislation would also make it a class E felony to possess a device for the manufacture of fraudulent retail product receipt or universal product codes;

* Part G would establish that no itinerant vendor, except for a manufacturer, an authorized manufacturer's representative, or an authorized distributor, shall offer for sale baby food, non-prescription drugs, cosmetics, or batteries;

* Part H increases the penalties against those thieves who set up Internet accounts for such a purpose.

SUMMARY OF PROVISIONS: Section 1: Title

Part A: Section 1; Adds 155.43 Retail Theft and 155.44 Leader of an organized retail theft enterprise to the Penal Law; provides definitions thereof: Section 155.43, Sub 1 Definitions; Sub 2 Defines Shoplifting; Sub 3 Defines Shoplifting as grand larceny in the 2nd Degree; Sub 4 Legal presumptions; Sub 5 Apprehension and detention.

Part A: Section 2; Effective date.

Part B: Section 1; Adds Section 70.16 Sentences of imprisonment or fines for a pattern of criminal offenses to the penal law. Defines a pattern of criminal offenses with relation to organized retail theft; Authorizes sentencing, fines and imprisonment by courts; Allows District Attorney the to have jurisdiction over the criminal offense of organized retail theft when at least one of the occurrences takes place in that county.

Part B: Section 2; Effective Date.

Part C: Section 1; Aggregation. Amends paragraph 1 of section 155.30 of the penal law by adding a new subparagraph 1(a) and 1(b). This legislation would codify state court rulings which allow prosecutors to aggregate or add together numerous petite larcenies that are part of a connected organized crime spree thus allowing prosecutors to charge grand larceny in the 4th Degree (a Class E Felony with up to 4 years in prison).

Part C: Section 2; Effective Date.

Part D: Section 1; Emergency Exits. Amends section 155.30 of the penal law by adding a new subdivision 13.

Part D: Section 2; Effective Date.

Part E: Section 1; Booster Bags. Adds a new subdivision 12 to Section 155.30 of the Penal Law to define "anti-security device" and render it a crime to use same in theft of property. Amends Section 170.47 of the Penal Law to tender it a class A misdemeanor to possess an anti-security device with intent to use same to steal property at a retail mercantile establishment.

Part E: Section 2; Effective Date.

Part F: Section 1; UPC Fraud: Adds 4 new sections to the penal code as follows: Section 165.80 contains definitions with respect to the sections that follow. Section 165.81 creates a crime of retail sales receipt or universal product code fraud in the second degree which

entails use, transfer, alteration, counterfeit or reproduction of a retail sales receipt or universal product code when the defendant knows such to be counterfeit and does so with the intent to deceive or defraud. This crime is a class A misdemeanor. Section 165.82 creates the crime of retail sales receipt or universal product code fraud in the first degree which is a class E felony. A person is guilty of this offense when with intent to deceive or defraud, he uses, transfers, makes, alters, counterfeits or reproduces 15 or more retail sales receipts or universal product codes, or combination thereof, knowing such to be counterfeit. Section 165.83 creates a class E felony of possession of a fraudulent retail sales receipt or universal product code manufacturing device.

Part F: Section 2; Effective Date.

Part G: Section 1; Itinerant Vendor. Amends § 38 of the General Business Law to specifically define the following items -- baby food, non-prescription drugs, cosmetics, and batteries -- as products that may not be sold in flea markets unless sold by a manufacturer, an authorized manufacturer's representative, or an authorized distributor.

Part G: Section 2; Effective Date.

Part H: Section 1 and 2; Efencing. Amends section 155.30 of the penal law by adding a new subdivision 12 and 13. Sub 12: Adds to grand larceny in the 4th degree the aggregate value of selling stolen items in the online marketplace and defines online marketplace.

Part H: Section 3; Effective Date.

EXISTING LAW: Currently, petite larceny (shoplifting items under $1,000) is a misdemeanor which could result in up to one year in jail. While the courts have allowed aggregation of petite larcenies that are part of a connected organized crime spree, there are no laws making this determination a permanent part of or New York's Penal-Law. § 155.30 Grand Larceny in the fourth degree. A person is guilty of grand larceny in the fourth degree when he steals property and when: 1. The value of the property exceeds one thousand dollars; or 2. The property consists of a public record, writing or instrument kept, tiled or deposited according to law with or in the keeping of any public office or public servant; or 3. The property consists of secret scientific material; or 4. The property consists of a credit card or debit card; or 5. The property, regardless of its nature and value, is taken from the person of another; or 6. The property, regardless of its nature and value, is obtained by extortion; or 7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter; or 8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or 9. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under

the religious corporations law or the education law. 10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service. 11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine. Grand larceny in the fourth degree is a class E felony.

JUSTIFICATION: 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, compromise the health, safety, and wallet of unsuspecting New York consumers. And for every item stolen, New York's 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, with the emergence of organized criminal theft at an unprecedented level. Estimates from retail and law enforcement suggest the annual loss to organized retail theft in all retail sectors across the country combines to reach some $31 billion. 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. Theft rings tend to focus on over-the-counter drugs, pain relievers, health and beauty aids, and clothing of all kinds. These items have considerable value and are easily resold to other retailers or in stores the criminal fences operate.

Definition of Organized Retail Theft and Leader of an Organized Enterprise: The state of New Jersey adopted Chapter 56, Laws of 2006 that defines "organized retail theft enterprise" as "any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise." This legislation seeks parity with our neighbor state in an equally aggressive and sensible attempt to curtail a burgeoning criminal activity that today finds almost unlimited opportunities in retail-rich New York State.

Pattern of Criminal Offenses: Organized gangs of retail thieves know that penalties they may face if apprehended will be limited to their activity within a certain jurisdiction - despite the fact that their theft sprees can, will, and usually do involve theft from stores across a number of localities and counties. In other words, they are not deterred by a drive from one county to the next in their effort to complete their task of stealing as much merchandise as possible.

This legislation would ensure that one county could, under certain circumstances, prosecute organized retail thieves operating across county borders. With that authority, a county prosecutor could aggregate the value of the thefts committees across county lines within a certain period of

time, since, again, retail thieves tend to travel from location to location to fill their "shopping lists" that they'll turn over to their fences.

Aggregation: These are professional thieves, not the amateur shoplifter who may pocket one or two items at a time. These thieves know that it's petit larceny - a misdemeanor - to steal items worth up to $1,000 from one location. They'll travel from location to location and curtail their theft just below that threshold. Court cases in 2001 and 2002 found it sufficient to show that the aggregated value of merchandise stolen exceeded the statutory $1,000 threshold and allowed prosecution for grand larceny in the fourth degree (People v. Dennis [1 Dept. 2002], appeal denied; People v. Wandell [3 Dept. 2001]). This legislation would codify those rulings and expand them to include the idea of aggregating the value of merchandise stolen in a "single event" (i.e., one theft spree over a certain period of time, as that is how organized retail thieves often strike).

Emergency Exits: This legislation seeks to increase the penalty for using a store's designated emergency exit to facilitate the theft of merchandise from the store. The "emergency exit theft" has grown in popularity among organized retail thieves. The professional thieves load their shopping carts with merchandise, then signal an accomplice to be waiting with a car running and ready to load right outside the designated emergency exit. A quick push through the emergency exit triggers the store's alarm, but the trained thieves know they have a few minutes to load the car and make a quick getaway before the store employee can make it to the exit. Most times, the thieves are long gone by the time the security employees are able to make it to the opened door.

In addressing this measure of retail crime, the legislation distinguishes between the amateur and professional shoplifters in order to expedite the process of prosecuting organized retail criminal gangs. There should be no mistaking that a person bursting through an emergency exit with a cart full of multiple quantities of the same item is not the average, run-of-the-mill amateur shoplifter. Chances are he or she is a part of a larger gang of organized thieves tasked to clean out as many stores as possible as quickly as possible, robbing the store of its merchandise, causing higher prices for honest consumers, putting at risk the health and safety of the end-user of the stolen products, and stealing sales tax revenue from the state and local governments.

Booster Bags: "Booster bags" are crafted to hide stolen merchandise from security devices, theft sensors, and similar units installed by retailers to guard against the theft of merchandise. The bags can be as rudimentary as a simple shopping bag lined with aluminum foil, or fashioned to be more complex and difficult to detect. Whatever the quality, the bags are crafted so that they will block or otherwise override the store's security system, hiding the stolen merchandise and allowing the shoplifter a clean exit from the store. This legislation would enhance the criminal penalty against a person who uses a "booster bag" or other such item designed to override a retail

establishment's security system in order to steal merchandise from that store. It is an important step forward in helping retailers in New York State curtail the growing problem of organized retail theft and professional shoplifting.

In addressing this measure of retail crime, the legislation distinguishes between the amateur and professional shoplifters in order to expedite the process of prosecuting organized retail criminal gangs. Organized thieves are trained to know what they can and can't do in order to minimize the potential for prosecution and penalty; this legislation seeks to lower that threshold to ensure that organized thieves steer well clear of the robust retail marketplace that attracts them to New York State.

UPC Fraud: To amend the penal law to make it a criminal offense to transfer, make, alter, counterfeit or reproduce a retail sales receipt or universal product code when the individual knows that the sales receipt or universal product code is counterfeit. The bill would also make it a class E felony to possess a device for the manufacture of fraudulent retail product receipt or universal product codes. Increasingly, retailers are subject to fraud perpetrated on them by dishonest customers who transfer, alter, counterfeit or otherwise fraudulently manipulate uniform product code labels. Also, retailers are frequently defrauded by customers who manufacture fraudulent, counterfeit or altered sales receipts which are then used to return goods for amounts in excess of actual value of the purchase. This legislation is necessary in order to give law enforcement officials tools necessary to address problems of UPC fraud and sales receipt fraud.

Itinerant Vendors: The itinerant vendor statute, which was adopted as Chapter 282, Laws of 1995, was originally enacted to curtail the sale of certain perishable, high-theft items through flea markets. The 1995 law focused on baby foods and over-the-counter drugs, as these were items that professional thieves were targeting to resell through flea markets and were products that were compromised when exposed to sunlight and heat. The need to tighten the definitions in General Business Law § 38 were brought to light when law enforcement officials in central New York encountered difficulties in halting the sale of stolen, non-prescription drugs because of the ambiguous definitions contained in the current law. The proposed bill will tighten the current statute by redefining baby foods and non-prescription drugs. It will further expand the statute to prevent the sale of cosmetics and batteries by itinerant vendors, as these products have become high-theft items among those engaged in organized retail theft and because many cosmetics are similarly affected by exposure to sunlight and heat and thereby pose a health risk. The illegal activity this bill aims to thwart differs from shoplifting in that shoplifters typically steal single items for their own use, whereas this bill addresses the multiple theft of products by career criminals who steal primarily to sell the stolen goods. These crimes are often committed to support other illegal activity involving drug use. Baby foods, non-prescription drugs, cosmetics and batteries are attractive to these criminals because they are small, easily

cancelable, and relatively expensive items. Prohibiting the sale of these products in flea markets will close an important outlet to these criminals, thereby making their theft less desirable. The public health concerns addressed by this bill and the need to support law enforcement efforts warrant passage of this measure.

Efencing: Internet auction sites and peer-to-peer advertising programs have become the cyberspace flea markets where stolen goods - everything from gift cards to health and beauty aids - are sold, usually to unsuspecting consumers who think they've stumbled on a deal that is too good to be true. And just as when these items are sold by "itinerant vendors" on the street, they can become compromised and indeed dangerous when they become outdated, poorly packaged, incorrectly stored, and moved solely for ill-gotten profit rather than with the interest of the consumer in mind.

Internet auction sites, however, are not the problem - the problem is when organized retail thieves use these sites to move their merchandise. This legislation seeks to increase the penalties against those thieves who set up Internet accounts for such a purpose.

LEGISLATIVE HISTORY: This is new legislation. Separate legislation combined into this Omnibus Act: Itinerant Vendors: 2007: S.4442 (Passed Senate; died in Assembly Codes); 2005 - 2006: S.3174 (Balboni)/A.5670; (Passed Senate; died in Assembly Codes); 2003-2004: S.7138-A (Balboni)/A.10822A; (Passed Senate; died in Assembly Codes); Booster Bags: 2007: S.5153/A.9094 (Passed Senate; died in Assembly Codes); UPC Fraud: 2003 - 2004: S.2051 (Rath)/A.6144 (Codes) 2008: Referred to Codes (S.7623/A.11547) 2009-2010: Referred to Codes (S.39/A.1328)

FISCAL IMPLICATIONS: Curbing organized retail theft in New York State will ensure that the state's retailers will be able to sell the items rather than lose them to theft, thereby collecting and remitting to state and local government sales tax that otherwise would be lost to theft.

EFFECTIVE DATE: Parts A, D and H with take effect 90 days after the bill shall have become law; Part B, C and E shall take effect on the 1st of November next succeeding the date on which it shall have become law; Part F takes effect on January 1 next succeeding the date on which it shall have become law; Part G takes effect immediately upon being signed into law.


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STATE OF NEW YORK ________________________________________________________________________ 529 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. FUSCHILLO, MAZIARZ, RANZENHOFER, HASSELL-THOMPSON -- 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 criminalizing organized retail theft and establishing the crime of leader of an organized retail theft enterprise (Part A); to amend the penal law, in relation to the authorization of jurisdiction and venue and authorized sentences for a pattern of criminal offenses (Part B); to amend the penal law, in relation to the aggregated value of stolen merchandise (Part C); to amend the penal law, in relation to the use of emergency exit in the theft of property (Part D); to amend the penal law, in relation to the possession of anti-security items (Part E); to amend the penal law, in relation to retail sales receipt and universal prod- uct code label fraud (Part F); to amend the general business law, in relation to itinerant vendors (Part G); and to amend the penal law, in relation to theft with intent to resell on an online marketplace (Part H) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "anti-or- ganized retail theft act". S 2. This act enacts into law major components of legislation which are necessary to implement the anti-organized retail theft act. Each component is wholly contained within a Part identified as Parts A through H. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effec- tive date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it
is found. Section four of this act sets forth the general effective date of this act. PART A Section 1. Legislative intent. Organized retail theft is a growing problem for retailers in this state and throughout the United States. It is committed by professional theft rings which move across communities and states to pilfer merchandise from supermarkets, chain drugstores, independent pharmacies, mass merchandisers and convenience stores, then resell that merchandise over the internet, at flea markets and to the stores from which it was stolen. Popular items include infant formula, skin care products, heartburn medications and shaving products. Accord- ing to the Federal Bureau of Investigation, organized retail theft loss- es have amounted to as much as $30 billion. This act is intended to provide an additional tool to retailers to fight back against these shoplifting gangs. S 2. The penal law is amended by adding two new sections 155.50 and 155.55 to read as follows: S 155.50 RETAIL THEFT. 1. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY TO THIS SECTION: (A) "SHOPPING CART" MEANS PUSHCARTS OF THE TYPE OR TYPES WHICH ARE COMMONLY PROVIDED BY GROCERY STORES, DRUGSTORES OR OTHER RETAIL MERCAN- TILE ESTABLISHMENTS FOR THE USE OF THE PUBLIC IN TRANSPORTING COMMOD- ITIES IN STORES AND MARKETS AND, INCIDENTALLY, FROM THE STORES TO A PLACE OUTSIDE THE STORE; (B) "STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT" MEANS A PLACE WHERE MERCHANDISE IS DISPLAYED, HELD, STORED OR SOLD OR OFFERED TO THE PUBLIC FOR SALE; (C) "MERCHANDISE" MEANS ANY GOODS, CHATTELS, FOODSTUFFS OR WARES OF ANY TYPE AND DESCRIPTION, REGARDLESS OF THE VALUE THEREOF; (D) "MERCHANT" MEANS ANY OWNER OR OPERATOR OF ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT, OR ANY AGENT, SERVANT, EMPLOYEE, LESSEE, CONSIGNEE, OFFICER, DIRECTOR, FRANCHISEE OR INDEPENDENT CONTRAC- TOR OF SUCH OWNER OR PROPRIETOR; (E) "PERSON" MEANS ANY INDIVIDUAL OR INDIVIDUALS, INCLUDING AN AGENT, SERVANT OR EMPLOYEE OF A MERCHANT WHERE THE FACTS OF THE SITUATION SO REQUIRE; (F) "CONCEAL" MEANS TO CONCEAL MERCHANDISE SO THAT, ALTHOUGH THERE MAY BE SOME NOTICE OF ITS PRESENCE, IT IS NOT VISIBLE THROUGH ORDINARY OBSERVATION; (G) "FULL RETAIL VALUE" MEANS THE MERCHANT'S STATED OR ADVERTISED PRICE OF THE MERCHANDISE; (H) "PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT" MEANS AND INCLUDES BUT IS NOT LIMITED TO, THE RETAIL MERCANTILE ESTABLISHMENT; ANY COMMON USE AREAS IN SHOPPING CENTERS AND ALL PARKING AREAS SET ASIDE BY A MERCHANT OR ON BEHALF OF A MERCHANT FOR THE PARKING OF VEHICLES FOR THE CONVENIENCE OF THE PATRONS OF SUCH RETAIL MERCANTILE ESTABLISHMENT; (I) "UNDER-RING" MEANS TO CAUSE THE CASH REGISTER OR OTHER SALE RECORDING DEVICE TO REFLECT LESS THAN THE FULL RETAIL VALUE OF THE MERCHANDISE; (J) "ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE COUNTERMEASURE" MEANS ANY ITEM OR DEVICE WHICH IS DESIGNED, MANUFACTURED, MODIFIED, OR ALTERED TO DEFEAT ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE; AND
(K) "ORGANIZED RETAIL THEFT ENTERPRISE" MEANS ANY ASSOCIATION OF TWO OR MORE PERSONS WHO ENGAGE IN THE CONDUCT OF OR ARE ASSOCIATED FOR THE PURPOSE OF EFFECTUATING THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE. 2. SHOPLIFTING. SHOPLIFTING SHALL CONSIST OF ANY ONE OR MORE OF THE FOLLOWING ACTS: (A) FOR ANY PERSON PURPOSELY TO TAKE POSSESSION OF, CARRY AWAY, TRANS- FER OR CAUSE TO BE CARRIED AWAY OR TRANSFERRED, ANY MERCHANDISE DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE SAME TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE FULL RETAIL VALUE THEREOF; (B) FOR ANY PERSON PURPOSELY TO CONCEAL UPON HIS OR HER PERSON OR OTHERWISE ANY MERCHANDISE OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF THE PROCESSES, USE OR BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE SAME TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE VALUE THER- EOF; (C) FOR ANY PERSON PURPOSELY TO ALTER, TRANSFER OR REMOVE ANY LABEL, PRICE TAG OR MARKING INDICIA OF VALUE OR ANY OTHER MARKINGS WHICH AID IN DETERMINING VALUE AFFIXED TO ANY MERCHANDISE DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT AND TO ATTEMPT TO PURCHASE SUCH MERCHANDISE PERSONALLY OR IN CONSORT WITH ANOTHER AT LESS THAN THE FULL RETAIL VALUE WITH THE INTENTION OF DEPRIVING THE MERCHANT OF ALL OR SOME PART OF THE VALUE THEREOF; (D) FOR ANY PERSON PURPOSELY TO TRANSFER ANY MERCHANDISE DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT FROM THE CONTAINER IN OR ON WHICH THE SAME SHALL BE DISPLAYED TO ANY OTHER CONTAINER WITH INTENT TO DEPRIVE THE MERCHANT OF ALL OR SOME PART OF THE RETAIL VALUE THEREOF; (E) FOR ANY PERSON PURPOSELY TO UNDER-RING WITH THE INTENTION OF DEPRIVING THE MERCHANT OF THE FULL RETAIL VALUE THEREOF; AND (F) FOR ANY PERSON PURPOSELY TO REMOVE A SHOPPING CART FROM THE PREM- ISES OF A STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT WITHOUT THE CONSENT OF THE MERCHANT GIVEN AT THE TIME OF SUCH REMOVAL WITH THE INTENTION OF PERMANENTLY DEPRIVING THE MERCHANT OF THE POSSESSION, USE OR BENEFIT OF SUCH CART. 3. GRADATION. (A) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE SECOND DEGREE IF: (I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS FIFTY THOUSAND DOLLARS OR MORE; OR (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH AN ORGANIZED RETAIL THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE MERCHANDISE IS ONE THOUSAND DOLLARS OR MORE. (B) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE THIRD DEGREE IF: (I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST THREE THOU- SAND DOLLARS BUT IS LESS THAN FIFTY THOUSAND DOLLARS; OR (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH AN ORGANIZED RETAIL THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS. (C) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE FOURTH DEGREE IF THE FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST A THOUSAND DOLLARS BUT IS LESS THAN THREE THOUSAND DOLLARS. (D) SHOPLIFTING CONSTITUTES PETIT LARCENY IF THE FULL RETAIL VALUE OF THE MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
(E) THE VALUE OF THE MERCHANDISE INVOLVED IN A VIOLATION OF THIS SECTION MAY BE AGGREGATED IN DETERMINING THE GRADE OF THE OFFENSE WHERE THE ACTS OR CONDUCT CONSTITUTING A VIOLATION WERE COMMITTED PURSUANT TO ONE SCHEME OR COURSE OF CONDUCT, WHETHER FROM THE SAME PERSON OR SEVERAL PERSONS, OR WERE COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH AN ORGANIZED RETAIL THEFT ENTERPRISE. (F) ANY PERSON WHO POSSESSES OR USES ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE COUNTERMEASURE WITHIN ANY STORE OR OTHER RETAIL MERCAN- TILE ESTABLISHMENT IS GUILTY OF A CLASS B MISDEMEANOR. 4. PRESUMPTIONS. ANY PERSON PURPOSELY CONCEALING UNPURCHASED MERCHAN- DISE OF ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT, EITHER ON THE PREMISES OR OUTSIDE THE PREMISES OF SUCH STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT, SHALL BE PRIMA FACIE PRESUMED TO HAVE SO CONCEALED SUCH MERCHANDISE WITH THE INTENTION OF DEPRIVING THE MERCHANT OF THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE WITHOUT PAYING THE FULL RETAIL VALUE THEREOF, AND THE FINDING OF SUCH MERCHANDISE CONCEALED UPON THE PERSON OR AMONG THE BELONGINGS OF SUCH PERSON SHALL BE PRIMA FACIE EVIDENCE OF PURPOSEFUL CONCEALMENT; AND IF SUCH PERSON CONCEALS, OR CAUSES TO BE CONCEALED, SUCH MERCHANDISE UPON THE PERSON OR AMONG THE BELONGINGS OF ANOTHER, THE FINDING OF THE SAME SHALL ALSO BE PRIMA FACIE EVIDENCE OF WILLFUL CONCEALMENT ON THE PART OF THE PERSON SO CONCEALING SUCH MERCHANDISE. 5. APPREHENSION. (A) A LAW ENFORCEMENT OFFICER, OR A SPECIAL OFFICER, OR A MERCHANT, WHO HAS PROBABLE CAUSE FOR BELIEVING THAT A PERSON HAS WILLFULLY CONCEALED UNPURCHASED MERCHANDISE AND THAT HE OR SHE CAN RECOVER THE MERCHANDISE BY TAKING THE PERSON INTO CUSTODY, MAY, FOR THE PURPOSE OF ATTEMPTING TO EFFECT RECOVERY THEREOF, TAKE THE PERSON INTO CUSTODY AND DETAIN HIM OR HER IN A REASONABLE MANNER FOR NOT MORE THAN A REASONABLE TIME, AND THE TAKING INTO CUSTODY BY A LAW ENFORCEMENT OFFI- CER OR SPECIAL OFFICER OR MERCHANT SHALL NOT RENDER SUCH PERSON CRIMI- NALLY OR CIVILLY LIABLE IN ANY MANNER OR TO ANY EXTENT WHATSOEVER. (B) ANY LAW ENFORCEMENT OFFICER MAY ARREST WITHOUT WARRANT ANY PERSON HE OR SHE HAS PROBABLE CAUSE FOR BELIEVING HAS COMMITTED THE OFFENSE OF SHOPLIFTING AS DEFINED IN THIS SECTION. (C) A MERCHANT WHO CAUSES THE ARREST OF A PERSON FOR SHOPLIFTING, AS PROVIDED FOR IN THIS SECTION, SHALL NOT BE CRIMINALLY OR CIVILLY LIABLE IN ANY MANNER OR TO ANY EXTENT WHATSOEVER WHERE THE MERCHANT HAS PROBA- BLE CAUSE FOR BELIEVING THAT THE PERSON ARRESTED COMMITTED THE OFFENSE OF SHOPLIFTING. S 155.55 LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE. 1. A PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE IF HE OR SHE CONSPIRES WITH OTHERS AS AN ORGANIZER, SUPERVISOR, FINANCIER OR MANAGER, TO ENGAGE FOR PROFIT IN A SCHEME OR COURSE OF CONDUCT TO EFFEC- TUATE THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE. LEADER OF ORGAN- IZED RETAIL THEFT ENTERPRISE CONSTITUTES LARCENY IN THE SECOND DEGREE. NOTWITHSTANDING THE PROVISIONS OF SECTION 80.00 OF THIS CHAPTER, THE COURT MAY IMPOSE A FINE NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS OR FIVE TIMES THE RETAIL VALUE OF THE MERCHANDISE SEIZED AT THE TIME OF THE ARREST, WHICHEVER IS GREATER. 2. NOTWITHSTANDING THE PROVISIONS OF SECTION 70.35 OF THIS CHAPTER, A CONVICTION OF LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE SHALL NOT MERGE WITH THE CONVICTION FOR ANY OFFENSE WHICH IS THE OBJECT OF THE CONSPIRACY. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE COURT FROM IMPOSING AN EXTENDED TERM PURSUANT TO ARTICLE SEVENTY OF THIS CHAP- TER; NOR SHALL THIS SECTION BE CONSTRUED IN ANY WAY TO PRECLUDE OR LIMIT THE PROSECUTION OR CONVICTION OF ANY PERSON FOR CONSPIRACY UNDER ARTICLE
ONE HUNDRED FIVE OF THIS CHAPTER, OR ANY PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE. 3. IT SHALL NOT BE NECESSARY IN ANY PROSECUTION UNDER THIS SECTION FOR THE STATE TO PROVE THAT ANY INTENDED PROFIT WAS ACTUALLY REALIZED. THE TRIER OF FACT MAY INFER THAT A PARTICULAR SCHEME OR COURSE OF CONDUCT WAS UNDERTAKEN FOR PROFIT FROM ALL OF THE ATTENDING CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE NUMBER OF PERSONS INVOLVED IN THE SCHEME OR COURSE OF CONDUCT, THE ACTOR'S NET WORTH AND HIS OR HER EXPENDITURES IN RELATION TO HIS OR HER LEGITIMATE SOURCES OF INCOME, THE AMOUNT OF MERCHANDISE INVOLVED, OR THE AMOUNT OF CASH OR CURRENCY INVOLVED. 4. IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT ANY SHOPLIFTED MERCHANDISE WAS BROUGHT INTO OR TRANSPORTED IN THIS STATE SOLELY FOR ULTIMATE DISTRIBUTION IN ANOTHER JURISDICTION; NOR SHALL IT BE A DEFENSE THAT ANY PROFIT WAS INTENDED TO BE MADE IN ANOTHER JURIS- DICTION. S 3. Section 155.40 of the penal law, as amended by chapter 515 of the laws of 1986, is amended to read as follows: S 155.40 Grand larceny in the second degree. A person is guilty of grand larceny in the second degree when he OR SHE steals property and when: 1. [The] THE value of the property exceeds fifty thousand dollars; [or] 2. [The] THE property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his OR HER position as a public servant by engaging in conduct within or related to his OR HER official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; OR 3. THE PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE AS PROVIDED IN SECTION 155.55 OF THIS ARTICLE. Grand larceny in the second degree is a class C felony. S 4. This act shall take effect on the ninetieth day after it shall have become a law. PART B Section 1. The penal law is amended by adding a new section 70.16 to read as follows: S 70.16 SENTENCES OF IMPRISONMENT OR FINES FOR A PATTERN OF CRIMINAL OFFENSE. 1. DEFINITION OF PATTERN OF CRIMINAL OFFENSE. A "PATTERN OF CRIMINAL OFFENSE" MEANS TWO OR MORE CRIMINAL OFFENSES ARE COMMITTED AND: (A) ARE PART OF THE SAME PLAN, SCHEME OR ADVENTURE; (B) ARE A SEQUENCE OF TWO OR MORE OF THE SAME CRIMINAL OFFENSES COMMITTED AND ARE NOT SEPARATED BY AN INTERVAL OF MORE THAN THIRTY DAYS BETWEEN THE FIRST AND SECOND OFFENSE, THE SECOND AND THIRD, AND SO ON; OR (C) EACH PROCEEDS FROM OR POSSESSES AN ANTECEDENT ELEMENT OF A PRIOR INCIDENT OR PATTERN OF FRAUD, ROBBERY, BURGLARY, THEFT, IDENTITY THEFT, RECEIPT OF STOLEN PROPERTY, FALSE PERSONATING, FALSE PRETENSES, OBTAIN- ING PROPERTY BY TRICK OR DECEPTION, USING A CREDIT CARD OR DEBIT CARD WITHOUT CONSENT, OR THE MAKING, TRANSFERRING OR RECEIPT OF A FALSE OR FRAUDULENT IDENTIFICATION CARD.
2. AUTHORIZED SENTENCE. WHEN THE COURT HAS FOUND THAT A PERSON HAS ENGAGED IN A PATTERN OF CRIMINAL OFFENSES IN TWO OR MORE COUNTIES IN THIS STATE OR WHO ATTEMPTED OR CONSPIRED WITH OTHERS TO ENGAGE IN A PATTERN OF CRIMINAL OFFENSES, THE COURT MAY IMPOSE: (A) A SENTENCE OF IMPRISONMENT IN THE DEPARTMENT OF CORRECTIONS FOR A TERM NOT EXCEEDING TWO YEARS; (B) A SENTENCE OF IMPRISONMENT IN THE COUNTY JAIL FOR A TERM NOT EXCEEDING ONE YEAR; (C) A FINE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS; OR (D) BOTH, A FINE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS AND IMPRISONMENT. SUCH PUNISHMENT SHALL BE IN ADDITION TO ANY PENALTY IMPOSED FOR ANY OFFENSE INVOLVED IN THE PATTERN OF CRIMINAL OFFENSES. 3. JURISDICTION AND VENUE. (A) A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIMINAL OFFENSES AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE DISTRICT 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. (B) SUBDIVISION TWO OF 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. 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. PART C Section 1. Section 155.30 of the penal law is amended by adding two new subdivisions 1-a and 1-b to read as follows: 1-A. 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 PRICES, OR OTHERWISE ADVER- TISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR 1-B. 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 THIRTY DAYS OR LESS BETWEEN THE FIRST AND SECOND EPISODE, THE SECOND AND THIRD EPISODE, AND SO ON, AND THE AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE ADVERTISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR 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. PART D Section 1. Section 155.30 of the penal law is amended by adding a new subdivision 14 to read as follows: 14. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND, TO FACILITATE THE THEFT, THE PERSON LEAVES THE RETAIL MERCANTILE ESTAB- LISHMENT WITH SUCH PROPERTY BY USE OF A DESIGNATED EMERGENCY EXIT. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "RETAIL MERCANTILE ESTABLISH- MENT" SHALL MEAN A PLACE WHERE GOODS, WARES OR MERCHANDISE ARE OFFERED TO THE PUBLIC FOR SALE.
S 2. This act shall take effect on the ninetieth day after it shall have become a law. PART E Section 1. Section 155.30 of the penal law is amended by adding a new subdivision 15 to read as follows: 15. 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 OR SHE knowingly possesses in such an establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on property 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. PART F Section 1. The penal law is amended by adding four new sections 165.80, 165.81, 165.82 and 165.83 to read as follows: S 165.80 DEFINITIONS; APPLICATION TO OFFENSES REGARDING RETAIL SALES RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS. AS USED IN SECTIONS 165.81, 165.82 AND 165.83, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: 1. THE TERM "RETAIL SALES RECEIPT" MEANS ANY HANDWRITTEN OR MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER TO ACKNOWL- EDGE PAYMENT RECEIVED BY A CUSTOMER. 2. THE TERM "UNIFORM PRODUCT CODE LABEL" MEANS ANY BAR CODE OR OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRICING INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING SALE PRICE OF A GOOD. S 165.81 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND DEGREE. A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT. RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE FIRST DEGREE. A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR COMBINATION THEREOF KNOWING SUCH TO BE COUNTERFEIT. RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE FIRST DEGREE IS A CLASS E FELONY. S 165.83 POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE MANUFACTURING DEVICE. A PERSON IS GUILTY OF POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE MANUFACTURING DEVICE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR SHE POSSESSES A DEVICE THAT MANUFACTURES FRAU- DULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS. POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE MANUFACTURING DEVICE IS A CLASS E FELONY. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. PART G Section 1. Section 38 of the general business law, as added by chapter 282 of the laws of 1995, is amended to read as follows: S 38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR- ER, an authorized manufacturer's representative, or authorized distribu- tor, shall offer for sale any of the following items: 1. [Food manufactured and packaged for sale for consumption by a child under the age of two years; or 2. Drugs as defined in section three thousand three hundred two of the public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD MANUFACTURED AND PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF AGE. THE TERM SHALL INCLUDE INFANT FORMULA; 2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY NON-NARCOTIC MEDI- CINE OR DRUG THAT MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL INCLUDE ANY DRUGS COMMONLY KNOWN AS "OVER-THE-COUNTER DRUGS," HERBAL PRODUCTS, DIETARY SUPPLEMENTS, BOTANICAL EXTRACTS, AND VITAMINS AND SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO- EIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR OFFI- CIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS; 3. COSMETICS, WHICH SHALL MEAN MERCHANDISE, OTHER THAN SOAP, BUT INCLUDING RAZOR BLADES, THAT IS INTENDED TO BE RUBBED, POURED, SPRIN- KLED, OR SPRAYED ONTO, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE HUMAN BODY OR ANY PART THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART THEREOF; OR 4. BATTERIES, WHICH SHALL MEAN A DEVICE CONSISTING OF ONE OR MORE CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE, A NEGATIVE ELEC- TRODE AND AN ELECTROLYTE, WHICH IS USED TO PROVIDE STORED ELECTRICAL POWER. S 2. This act shall take effect immediately. PART H Section 1. The opening paragraph of section 155.30 of the penal law, as amended by chapter 515 of the laws of 1986, is amended to read as follows: A person is guilty of grand larceny in the fourth degree when he OR SHE steals property OR FRAUDULENTLY OBTAINS PROPERTY and when:
S 2. Section 155.30 of the penal law is amended by adding two new subdivisions 12 and 13 to read as follows: 12. THE VALUE OF THE PROPERTY OR AGGREGATED VALUE EXCEEDS ONE THOUSAND DOLLARS AND THE PERSON HAD THE INTENT TO RESELL SUCH PROPERTY ON AN ONLINE MARKETPLACE. FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION THIRTEEN OF THIS SECTION, "ONLINE MARKETPLACE" SHALL MEAN AN INTERNET SITE USED TO FACIL- ITATE THE SALE OF GOODS AND SERVICES, INCLUDING ANY INTERNET SITE USED FOR AUCTIONS THAT ARE OPERATED BY ANY BUYER, SELLER, OR THIRD-PARTY INTERMEDIARY. 13. THE PERSON SELLS, ATTEMPTS TO SELL, OR POSSESSES STOLEN OR FRAUDU- LENTLY OBTAINED PROPERTY WITH AN INTENT TO RESELL SUCH PROPERTY ON AN ONLINE MARKETPLACE, AND SUCH PERSON KNEW OR SHOULD HAVE KNOWN THAT SUCH PROPERTY WAS STOLEN. S 3. This act shall take effect on the ninetieth day after it shall have become a law. S 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 4. This act shall take effect immediately provided, however, that the applicable effective dates of Parts A through H of this act shall be as specifically set forth in the last section of such Parts.

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