Relates to the prevention of organized retail crime.

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S6956A-2011 Actions

• Jun 18, 2012: referred to codes
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 11, 2012: AMENDED ON THIRD READING (T) 6956A
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 30, 2012: 1ST REPORT CAL.926
• Apr 16, 2012: REFERRED TO CONSUMER PROTECTION

S6956A-2011 Calendars

Active List: Jun 18, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012

S6956A-2011 Votes

S6956A-2011 Memo

BILL NUMBER:S6956A

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 defines organized retail crime, adds to the general business
law the crime of theft of retail merchandise with an aggregated value
of $1,000, and makes corresponding changes to the penal law to define
such crime as grand larceny in the fourth degree.

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 thirty 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 and consumers are forced to endure the
impact of organized retail theft and professional shoplifters. The
highly 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:
None.

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.

S6956A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   6956--A
      Cal. No. 926

                              I N  SENATE

                               April 16, 2012
                                 ___________

  Introduced  by  Sens. ZELDIN, VALESKY -- read twice and ordered printed,
    and when  printed  to  be  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

  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 THIRTY 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.
                                                             LBD15354-02-2