NY State Senate Bill 2011-S7370

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2012	referred to codes delivered to assembly passed senate
May 30, 2012	advanced to third reading
May 23, 2012	2nd report cal.
May 22, 2012	1st report cal.874
May 02, 2012	referred to codes

Votes

- Jun 4, 2012 - Floor Vote
  S7370
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2012
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (5)
      
      Farley
      
      Hassell-Thompson
      
      Libous
      
      Oppenheimer
      
      Smith
  May 22, 2012 - Codes Committee Vote
  S7370
  
  12
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 22, 2012
      
      aye (12)
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Saland
      
      Squadron
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Espaillat
      
      Perkins
      
      excused (1)
      
      Huntley

2011-S7370 (ACTIVE) - Details

See Assembly Version of this Bill:: A10554
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §§165.80 & 165.81 & 165.82, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S779, S6289, A1508
2015-2016: S4777

2011-S7370 (ACTIVE) - Summary

Establishes crimes relating to false receipts and universal product code labels; defines terms.

2011-S7370 (ACTIVE) - Sponsor 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.

2011-S7370 (ACTIVE) - Bill Text download pdf

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

                                  7370

                            I N  S E N A T E

                               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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Senate Bill S7370

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 4, 2012 - Floor Vote

Floor Vote: Jun 4, 2012

May 22, 2012 - Codes Committee Vote

Codes Committee Vote: May 22, 2012

2011-S7370 (ACTIVE) - Details

2011-S7370 (ACTIVE) - Summary

2011-S7370 (ACTIVE) - Sponsor Memo

2011-S7370 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7370

Share this bill

Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Assembly Committee

2011-S7370 (ACTIVE) - Details

2011-S7370 (ACTIVE) - Summary

2011-S7370 (ACTIVE) - Sponsor Memo

2011-S7370 (ACTIVE) - Bill Text download pdf

Comments