This bill has been amended

Bill S6958B-2011

Relates to jurisdiction and venue for a pattern of criminal offenses

Relates to jurisdiction and venue for a pattern of criminal offenses.

Details

Actions

  • Jun 4, 2012: ADVANCED TO THIRD READING
  • May 31, 2012: 2ND REPORT CAL.
  • May 30, 2012: 1ST REPORT CAL.928
  • Apr 30, 2012: PRINT NUMBER 6958B
  • Apr 30, 2012: AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • Apr 19, 2012: PRINT NUMBER 6958A
  • Apr 19, 2012: AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • Apr 16, 2012: REFERRED TO CONSUMER PROTECTION

Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 30, 2012
Ayes (9): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Hassell-Thompson, Huntley, Squadron
Ayes W/R (1): Adams

Memo

BILL NUMBER:S6958B

TITLE OF BILL: An act to amend the general business law and the penal law, in relation to establishing jurisdiction and venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL: This bill relates to jurisdiction and venue for a pattern of criminal offenses, granting jurisdiction to any county when at least one of the crimes constituting a pattern occurs within their county.

SUMMARY OF PROVISIONS: Section One amends the general business law by adding a new section 393-e which provides that a person may be prosecuted for criminal actions with respect to each of the alleged criminal offenses included within a pattern of criminal offense that are part of the same plan, scheme or adventure, in any county where at least one of the alleged criminal offenses has occurred when such offense is part of the alleged pattern of criminal activity.

Section Two makes conforming changes to penal law by adding a new section 70.16.

Section Three is the effective date.

JUSTIFICATION: This bill is part of a package of legislation that seeks to cut down on patterns of criminal activity that rise to the level of "organized retail theft". According to the Federal Bureau of Investigation, organized retail theft 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 specifically 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 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 level. 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.

This legislation amends the penal law to allow crimes falling under the definition of organized retail theft to be prosecuted in any county where at least one alleged offense that is part of the pattern

of activity has occurred. Under this legislation, one district court would be granted jurisdiction over all criminal offenses, persons, and property that form the pattern of criminal offenses.

These highly intelligent criminals are well aware of the jurisdictional limitations under our current penal system and avoid committing multiple offenses in the same county to avoid harsher penalties. This bill would give law enforcement officials another tool in curbing organized retail crime.

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 ________________________________________________________________________ 6958--B 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 -- 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 establishing jurisdiction and venue for a pattern of criminal offenses 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. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE. 1. A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIMINAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF ORGAN- IZED RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE DISTRICT COURT OR COUNTY COURT MAY POSSESS JURIS- DICTION OVER ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED RETAIL CRIME. 2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. S 2. The penal law is amended by adding a new section 70.16 to read as follows: S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE. 1. A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM- INAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE
DISTRICT COURT OR COUNTY COURT MAY POSSESS JURISDICTION OVER ALL CRIMI- NAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES. 2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. 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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