Assembly Bill A8229

2013-2014 Legislative Session

Requires persons engaged in the sale of cellular telephones in the normal course of business to provide purchasers with proof of ownership and origin of the cell phones sold

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A8229 (ACTIVE) - Details

See Senate Version of this Bill:
S5976
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §392-aa, Gen Bus L; amd §165.55, Pen L

2013-A8229 (ACTIVE) - Summary

Requires persons engaged in the sale of cell phones in the normal course of business to provide purchasers with proof of origin and ownership of such cell phones; violation of such provision by a seller of cell phones shall make such seller liable for a fine of not more than $500 for a first violation, and a fine of not more than $750, or imprisonment for not more than 30 days, or both such fine and imprisonment for a second or subsequent violation within 1 year of a prior conviction; establishes presumption that a business entity regularly engaged in the sale of cell phones which possesses five or more stolen cell phones knows that they are stolen if it cannot produce proof of the origin and ownership of the cell phones.

2013-A8229 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8229

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 30, 2013
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to the sale of
  wireless communications devices;  and  to  amend  the  penal  law,  in
  relation  to possession of five or more stolen wireless communications
  devices by a business

  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
392-aa to read as follows:
  S 392-AA. SALE OF WIRELESS COMMUNICATIONS DEVICES.  1. NO PERSON, FIRM
OR  OTHER  BUSINESS ENTITY, OR AGENT OR EMPLOYEE THEREOF, ENGAGED IN THE
SALE OF WIRELESS COMMUNICATIONS DEVICES IN THE NORMAL COURSE OF BUSINESS
SHALL SELL, TRANSFER OR GIVE SUCH A DEVICE TO ANOTHER PERSON  UNLESS  IT
PRINTS  UPON  THE WRITTEN SALES RECEIPT FOR SUCH DEVICE RECEIVED BY SUCH
PERSON AND A RECEIPT THAT IS SENT  ELECTRONICALLY  TO  SUCH  PERSON  THE
SERIAL  NUMBER  AND  INTERNATIONAL  MOBILE  EQUIPMENT IDENTIFIER THAT IS
UNIQUE TO THE DEVICE.
  2. FOR THE PURPOSES OF THIS SECTION, "WIRELESS COMMUNICATIONS  DEVICE"
SHALL  HAVE  THE SAME MEANING AS PROVIDED IN SUBDIVISION NINE OF SECTION
THREE HUNDRED ONE OF THE COUNTY LAW.
  3. THE FIRST VIOLATION OF THE PROVISIONS  OF  THIS  SECTION  SHALL  BE
PUNISHABLE  BY  A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS; AND A FINE
OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS, A SENTENCE OF IMPRISONMENT
FOR NOT MORE THAN THIRTY DAYS, OR BOTH SUCH FINE AND IMPRISONMENT FOR  A
SECOND OR SUBSEQUENT CONVICTION OF SUCH A VIOLATION WITHIN ONE YEAR.
  S 2. Section 165.55 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5.  (A)  A  PERSON, FIRM OR OTHER BUSINESS ENTITY OR AGENT OR EMPLOYEE
THEREOF, ENGAGED IN THE SALE OF WIRELESS COMMUNICATIONS DEVICES  IN  THE
NORMAL  COURSE  OF BUSINESS, WHO POSSESSES STOLEN PROPERTY, COMPRISED OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11810-09-3

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