S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3238
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, LENTOL, MOSLEY, RAIA -- read once and
   referred to the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to  communications
   by mercantile establishments attempting to settle civil actions deriv-
   ing from larceny prosecutions

   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
 349-f to read as follows:
   § 349-F. CIVIL PROCEEDINGS DERIVATIVE OF ALLEGED LARCENY. 1.  WHENEVER
 A MERCANTILE ESTABLISHMENT ATTEMPTS TO SETTLE A CIVIL ACTION PURSUANT TO
 SECTION  11-105  OF  THE  GENERAL  OBLIGATIONS  LAW,  ALL COMMUNICATIONS
 PERTAINING TO SUCH ATTEMPTED  SETTLEMENT  SHALL  CONTAIN  THE  FOLLOWING
 STATEMENT,  WHICH  SHALL, IF WRITTEN, BE IN A CONSPICUOUS PLACE, IN FONT
 LARGER THAN THE REMAINDER OF THE COMMUNICATION, AND, IF SPOKEN, READ  IN
 ITS ENTIRETY:
   "THIS  IS  AN  ATTEMPT TO REACH A CIVIL SETTLEMENT AGREEMENT RESULTING
 FROM A LARCENY THAT ALLEGEDLY INVOLVES YOU. SHOULD YOU CHOOSE  TO  AGREE
 TO  THIS  SETTLEMENT, YOU WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF
 SUCH AGREEMENT, WHICH ARE GOVERNED BY §11-105 OF NEW YORK STATE'S GENER-
 AL OBLIGATIONS LAW.
   SHOULD YOU REFUSE THIS AGREEMENT, YOU ARE STILL SUBJECT TO §11-105  OF
 NEW  YORK  STATE'S GENERAL OBLIGATIONS LAW, WHICH INDICATES THAT PERSONS
 WHO COMMIT LARCENY AGAINST THE PROPERTY OF  A  MERCANTILE  ESTABLISHMENT
 ARE CIVILLY LIABLE TO SUCH MERCANTILE ESTABLISHMENT IN THE AMOUNT OF THE
 RETAIL  PRICE OF THE MERCHANDISE (ONLY IF SUCH MERCHANDISE IS NOT RECOV-
 ERED IN SALEABLE CONDITION), UP TO $1,500, AND A PENALTY IN  THE  AMOUNT
 THAT  IS  THE GREATER OF $75 OR FIVE-TIMES THE RETAIL PRICE, UP TO $500.
 THE MERCANTILE ESTABLISHMENT MAY FILE A CIVIL  LAWSUIT  AGAINST  YOU  TO
 PURSUE  THE  RECOVERY OF THESE DAMAGES. THESE CIVIL PENALTIES PRESCRIBED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01190-01-9
              

 A. 3238                             2
 
 BY LAW ARE ENTIRELY SEPARATE FROM ANY CRIMINAL  PENALTIES  THAT  MAY  BE
 BROUGHT AGAINST YOU.
   SHOULD YOU ACCEPT OR REFUSE A CIVIL SETTLEMENT AGREEMENT, A MERCANTILE
 ESTABLISHMENT MAY STILL BRING CRIMINAL CHARGES AGAINST YOU IN A COURT OF
 LAW,  UNLESS SUCH CIVIL SETTLEMENT AGREEMENT BETWEEN YOU AND THE MERCAN-
 TILE ESTABLISHMENT PRECLUDES THE MERCANTILE ESTABLISHMENT FROM  PURSUING
 CRIMINAL CHARGES."
   2.  A  MERCANTILE  ESTABLISHMENT  THAT  VIOLATES THIS SECTION SHALL BE
 STRICTLY LIABLE FOR:
   (A) ANY ACTUAL DAMAGES SUSTAINED BY DEFENDANT  AS  A  RESULT  OF  SUCH
 FAILURE;
   (B)  TREBLE  THE  AMOUNT SOUGHT BY THE MERCANTILE ESTABLISHMENT IN ANY
 SUCH SETTLEMENT AGREEMENT. IN THE CASE OF  MULTIPLE  SETTLEMENT  OFFERS,
 THE  AMOUNT  TO BE TREBLED SHALL BE THE HIGHEST SETTLEMENT AMOUNT SOUGHT
 BY SUCH MERCANTILE ESTABLISHMENT;
   (C) IN THE CASE OF ANY SUCCESSFUL  ACTION  TO  ENFORCE  THE  FOREGOING
 LIABILITY,  THE  COSTS  OF THE ACTION, TOGETHER WITH A REASONABLE ATTOR-
 NEYS' FEE AS DETERMINED BY THE COURT.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 prospective attempted settlements of such civil actions.