Senate Bill S3013

2021-2022 Legislative Session

Relates to larceny in mercantile establishments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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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2021-S3013 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §11-105, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5292
2017-2018: S4922, S8443
2019-2020: S1744

2021-S3013 (ACTIVE) - Summary

Relates to larceny in mercantile establishments.

2021-S3013 (ACTIVE) - Sponsor Memo

2021-S3013 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3013
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT  to amend the general obligations law, in relation to larceny in
   mercantile establishments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 11-105 of the general obligations law, as added by
 chapter 724 of the laws of 1991, is amended to read as follows:
   § 11-105. Larceny in mercantile establishments. 1. When used  in  this
 section, the term "mercantile establishment" shall mean a place or vehi-
 cle where goods, wares or merchandise are offered for sale or a place or
 vehicle from which deliveries of goods, wares or merchandise are made.
   2.  When used in this section, the term "larceny" is an act heretofore
 defined or known as common law larceny by trespassory taking as  defined
 in  paragraph  (a) of subdivision two of section 155.05 of the penal law
 committed against the property of a mercantile establishment.
   2-A. WHEN USED IN THIS SECTION, THE TERM "ACTUAL  SALES  PRICE"  SHALL
 MEAN  THE PRICE OF THE MERCHANDISE OFFERED FOR SALE TO THE PUBLIC AT THE
 SPECIFIC PLACE, ON THE SPECIFIC DAY AND AT  THE  SPECIFIC  TIME  OF  THE
 ALLEGED LARCENY.
   3.  When used in this section, the term "emancipated minor" shall mean
 a person who was over the age of sixteen at  the  time  of  the  alleged
 larceny  and  who  was  no  longer a dependent of or in the custody of a
 parent or legal guardian.
   4. In any proceeding brought under this section the  burden  of  proof
 shall be by a preponderance of the evidence.
   5. An adult or emancipated minor who commits larceny against the prop-
 erty of a mercantile establishment shall be civilly liable to the opera-
 tor of such establishment in an amount consisting of:
   (a)  the  [retail]  ACTUAL  SALES price of the merchandise OFFERED FOR
 SALE TO THE GENERAL PUBLIC AT THE TIME OF SUCH ALLEGED LARCENY  if  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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