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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

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Memo

BILL NUMBER:S6957B

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

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

SUMMARY OF PROVISIONS: Section One 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 shall be classified as grand larceny in the fourth degree.

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, 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--B
Cal. No. 927

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 -- reported favorably from said  commit-
  tee,  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 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.  Section 155.30 of the penal law is amended by adding a new
subdivision 12 to read as follows:
  12. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
TO  FACILITATE  AN  ORGANIZED RETAIL CRIME, THE PERSON LEAVES THE RETAIL
MERCANTILE ESTABLISHMENT WITH SUCH PROPERTY BY USE OF A DESIGNATED EMER-
GENCY EXIT. FOR THE PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM  "RETAIL
MERCANTILE  ESTABLISHMENT"  SHALL  MEAN  A  PLACE WHERE GOODS, WARES, OR
MERCHANDISE ARE OFFERED TO THE PUBLIC FOR SALE.   FOR PURPOSES  OF  THIS
SUBDIVISION,  ORGANIZED  RETAIL CRIME SHALL MEAN THE STEALING, EMBEZZLE-
MENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER ILLEGAL MEANS, OF
RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT  NORMALLY  BE  PURCHASED
FOR  PERSONAL  USE OR CONSUMPTION FOR THE PURPOSE OF RESELLING, TRADING,
OR OTHERWISE REENTERING SUCH RETAIL MERCHANDISE INTO COMMERCE.
  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.
                                                           LBD15280-07-2