Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments.
TITLE OF BILL: An act to amend the general obligations law, in relation to requiring mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments
PURPOSE OR GENERAL IDEA OF BILL:
Provides for the immediate cessation of collections upon a finding of not guilty.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1.. Amends section 11-105 of the general obligations law by adding a new subdivision 13. Provides that a person who is found not guilty of larceny shall not be civilly liable to the operator of a mercantile establishment. Requires that any attempt to collect money or recover merchandise shall immediately cease.
Section 2. Effective Date
Section 11-105 of the General Obligations law establishes civil penalties in cases of larceny.
While the General Obligations law, section 11-105 provides ample protection for mercantile establishments in cases of larceny, there is no protection for someone who has been accused of larceny, but found not guilty by the court.
A situation occurred at Macy's whereby a shopper was accused of stealing a coat he had purchased and attempted to return the following day, along with the receipt to verify the purchase. The shopper was arrested by the NYPD and taken to midtown criminal court. The judge, upon hearing the case and determining the facts, dismissed the charges The shopper's attorney filed a civil suit against Macy's, and of course Macy's settled.
However, the case did not end with the finding of not guilty and the civil suit. A collection agency, attempting to collect a "debt" contacted the shopper and insisted that the shopper stilled owed Macy's the purchase price of the coat.
This bill would prohibit a mercantile establishment from initiating civil liability upon a finding of not guilty and would further require any attempt to collect money or recover merchandise to immediately cease.
PRIOR LEGISLATIVE HISTORY:
STATE OF NEW YORK ________________________________________________________________________ 5977 2013-2014 Regular Sessions IN SENATE November 1, 2013 ___________Introduced by Sens. DIAZ, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general obligations law, in relation to requiring mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11-105 of the general obligations law is amended by adding a new subdivision 13 to read as follows: 13. CESSATION OF COLLECTIONS UPON FINDING OF NOT GUILTY. AN ADULT, EMANCIPATED MINOR, OR THE PARENTS OR LEGAL GUARDIANS OF AN UNEMANCIPATED MINOR WHO IS FOUND NOT GUILTY IN ANY PROCEEDING BROUGHT UNDER THIS SECTION SHALL NOT BE CIVILLY LIABLE TO THE OPERATOR OF THE MERCANTILE ESTABLISHMENT BRINGING THE PROCEEDING AND ANY ATTEMPTS TO COLLECT MONEY OR RECOVER MERCHANDISE FROM THE ADULT, EMANCIPATED MINOR, OR THE PARENTS OR LEGAL GUARDIANS OF AN UNEMANCIPATED MINOR SHALL IMMEDIATELY CEASE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13034-01-3