This bill has been amended

Bill S6957A-2011

Relates to organized retail theft using an emergency exit

Relates to organized retail theft using an emergency exit.

Details

Actions

  • Jun 4, 2012: ADVANCED TO THIRD READING
  • May 31, 2012: 2ND REPORT CAL.
  • May 30, 2012: 1ST REPORT CAL.927
  • Apr 19, 2012: PRINT NUMBER 6957A
  • Apr 19, 2012: AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • Apr 16, 2012: REFERRED TO CONSUMER PROTECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 30, 2012
Ayes (10): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Adams, Hassell-Thompson, Huntley, Squadron

Memo

BILL NUMBER:S6957A

TITLE OF BILL: An act to amend the general business law and the penal law, in relation to organized retail theft using an emergency exit

PURPOSE OR GENERAL IDEA OF BILL: This bill adds a new section to the general business law and a new subdivision to penal law section 155.30 to provide that use of an emergency exit to facilitate a theft from a mercantile established is classified as grand larceny in the fourth degree.

SUMMARY OF PROVISIONS: Section One amends the general business law by adding a new section 393-e which prohibits stealing from a mercantile establishment by using an emergency exit to facilitate such theft.

Section Two 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 is classified as grand larceny in the fourth degree.

Section Three 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, compromise the health, safety, and welfare of unsuspecting New York consumers. For every item stolen, New York state and local governments 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. 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.

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. By amending the general business law and the penal law to enhance penalties for those thieves

who steal from a retail establishment, and depart from an emergency exit, these types of schemes can be deterred

LEGISLATIVE HISTORY: New bill.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6957--A IN SENATE April 16, 2012 ___________
Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law and 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. The general business law is amended by adding a new section 393-e to read as follows: S 393-E. ORGANIZED RETAIL THEFT USING AN EMERGENCY EXIT. A PERSON IS GUILTY OF ORGANIZED RETAIL THEFT USING AN EMERGENCY EXIT WHEN THE PROP- ERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND, TO FACILITATE THE THEFT, THE PERSON LEAVES THE RETAIL MERCANTILE ESTABLISHMENT WITH SUCH PROPERTY BY USE OF A DESIGNATED EMERGENCY EXIT. FOR THE PURPOSES OF THIS SECTION, THE TERM "RETAIL MERCANTILE ESTABLISHMENT" SHALL MEAN A PLACE WHERE GOODS, WARES, OR MERCHANDISE ARE OFFERED TO THE PUBLIC FOR SALE. ORGANIZED RETAIL THEFT USING AN EMERGENCY EXIT IS A CLASS E FELONY. S 2. Section 155.30 of the penal law is amended by adding a new subdi- vision 12 to read as follows: 12. 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 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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