S6957A-2011 - NY Senate Open Legislation - Relates to organized retail theft using an emergency exit

Relates to organized retail theft using an emergency exit.

Sponsor: ZELDIN
Law Section: General Business Law / Law: Add S393-e, Gen Bus L; amd S155.30, Pen L

S6957A-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) 6957B
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

S6957A-2011 Meetings

Consumer Protection: May 30, 2012

S6957A-2011 Calendars

Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012

S6957A-2011 Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 30, 2012

Ayes (10): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Adams, Hassell-Thompson, Huntley, Squadron

VOTE: FLOOR VOTE: - Jun 18, 2012

Ayes (50): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (6): Duane, Hassell-Thomps, Krueger, Montgomery, Rivera, Serrano
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins

S6957A-2011 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.

S6957A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6957--A
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15280-03-2

S6957A-2011: Relates to organized retail theft using an emergency exit