S7370-2011 Actions

• Jun 4, 2012: referred to codes
• Jun 4, 2012: DELIVERED TO ASSEMBLY
• Jun 4, 2012: PASSED SENATE
• May 30, 2012: ADVANCED TO THIRD READING
• May 23, 2012: 2ND REPORT CAL.
• May 22, 2012: 1ST REPORT CAL.874
• May 2, 2012: REFERRED TO CODES

S7370-2011 Meetings

S7370-2011 Calendars

S7370-2011 Votes

S7370-2011 Memo

BILL NUMBER:S7370

TITLE OF BILL:
An act to amend the penal law, in relation to establishing crimes
relating to false receipts and universal product code labels

PURPOSE:
This bill establishes the crime of Retail sales receipt or universal
product code fraud in the first and second degrees as well as
Possession of a fraudulent retail sales receipt or universal product
code manufacturing device

SUMMARY OF PROVISIONS:
Section 1 adds four new sections to the penal law:

o 165.80 provides definitions of "retail sales receipt" and "uniform
product code label"
o 165.81 creates the crime of Retail sales
receipt of universal product code fraud in the second degree
o 165.82 creates the crime of Retail sales receipt of universal
product code fraud in the first degree

Section 2 provides the effective date

EXISTING LAW:
Not applicable.

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 wallet of
unsuspecting New York consumers. And for every item stolen, New
York's 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, with
the emergence of organized criminal theft at an unprecedented level.
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.

Organized retail crime groups have employed numerous tactics to
defraud retailers and obtain merchandise. Receipt fraud and Uniform
Product Code (UPC) fraud are some of the emerging tactics used by
these criminals. In receipt fraud, thieves steal merchandise, create
counterfeit receipts, and collect money off of their fraudulent
returns. In UPC fraud, thieves transfer, make, or alter counterfeit
UPC labels and then purchase items at below cost. By amending the
Penal Law to criminalize this type of scheme, organized retail crime
can be further deterred.


LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1 succeeding the date on which it shall have become a law.

S7370-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7370
 I N  SENATE
 May 2, 2012
 
 Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the penal law, in relation to establishing crimes relat
 ing to false receipts and universal product code labels
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The penal law is  amended  by  adding  three  new  sections
 165.80, 165.81 and 165.82 to read as follows:

 

S  165.80  DEFINITIONS;  APPLICATION  TO OFFENSES REGARDING RETAIL SALES
 RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS.
 AS USED IN SECTIONS 165.81 AND 165.82 OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 1.  THE  TERM  "RETAIL  SALES  RECEIPT"  SHALL MEAN ANY HANDWRITTEN OR
 MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY  A  RETAILER
 TO ACKNOWLEDGE PAYMENT RECEIVED FROM A CUSTOMER.
 2.  THE  TERM  "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
 OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC
 ING INFORMATION AND OTHER RELATED INFORMATION USED  BY  A  RETAILER  AND
 READ  BY  A COMPUTER AT A POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING
 THE SALE PRICE OF A GOOD.
 

S 165.81 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE
 SECOND DEGREE.
 A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL  PRODUCT  CODE
 FRAUD  IN  THE  SECOND  DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
 PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
 SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A  RETAIL
 SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT.
 RETAIL  SALES  RECEIPT  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND
 DEGREE IS A CLASS A MISDEMEANOR.
 

S 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT  CODE  FRAUD  IN  THE
 FIRST DEGREE.
 A  PERSON  IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
 FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT  TO  DECEIVE  OR  DEFRAUD  A
 PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15071-02-2
 
       S. 7370                             2
 SHE  USES,  TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN
 OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR  COMBINATION
 THEREOF KNOWING SUCH TO BE COUNTERFEIT.
 RETAIL  SALES  RECEIPT  OR  UNIVERSAL  PRODUCT CODE FRAUD IN THE FIRST
 DEGREE IS A CLASS E FELONY.
 

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.

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