A. 8468 2
Section 1. Legislative intent. Organized retail theft is a growing
problem for retailers in this state and throughout the United States. It
is committed by professional theft rings which move across communities
and states to pilfer merchandise from supermarkets, chain drugstores,
independent pharmacies, mass merchandisers and convenience stores, then
resell that merchandise over the internet, at flea markets and to the
stores from which it was stolen. Popular items include infant formula,
skin care products, heartburn medications and shaving products. Accord-
ing to the Federal Bureau of Investigation, organized retail theft loss-
es have amounted to as much as $30 billion. This act is intended to
provide an additional tool to retailers to fight back against these
shoplifting gangs.
S 2. The penal law is amended by adding two new sections 155.50 and
155.55 to read as follows:
S 155.50 RETAIL THEFT.
1. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY TO THIS SECTION:
(A) "SHOPPING CART" MEANS PUSHCARTS OF THE TYPE OR TYPES WHICH ARE
COMMONLY PROVIDED BY GROCERY STORES, DRUGSTORES OR OTHER RETAIL MERCAN-
TILE ESTABLISHMENTS FOR THE USE OF THE PUBLIC IN TRANSPORTING COMMOD-
ITIES IN STORES AND MARKETS AND, INCIDENTALLY, FROM THE STORES TO A
PLACE OUTSIDE THE STORE;
(B) "STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT" MEANS A PLACE
WHERE MERCHANDISE IS DISPLAYED, HELD, STORED OR SOLD OR OFFERED TO THE
PUBLIC FOR SALE;
(C) "MERCHANDISE" MEANS ANY GOODS, CHATTELS, FOODSTUFFS OR WARES OF
ANY TYPE AND DESCRIPTION, REGARDLESS OF THE VALUE THEREOF;
(D) "MERCHANT" MEANS ANY OWNER OR OPERATOR OF ANY STORE OR OTHER
RETAIL MERCANTILE ESTABLISHMENT, OR ANY AGENT, SERVANT, EMPLOYEE,
LESSEE, CONSIGNEE, OFFICER, DIRECTOR, FRANCHISEE OR INDEPENDENT CONTRAC-
TOR OF SUCH OWNER OR PROPRIETOR;
(E) "PERSON" MEANS ANY INDIVIDUAL OR INDIVIDUALS, INCLUDING AN AGENT,
SERVANT OR EMPLOYEE OF A MERCHANT WHERE THE FACTS OF THE SITUATION SO
REQUIRE;
(F) "CONCEAL" MEANS TO CONCEAL MERCHANDISE SO THAT, ALTHOUGH THERE MAY
BE SOME NOTICE OF ITS PRESENCE, IT IS NOT VISIBLE THROUGH ORDINARY
OBSERVATION;
(G) "FULL RETAIL VALUE" MEANS THE MERCHANT'S STATED OR ADVERTISED
PRICE OF THE MERCHANDISE;
(H) "PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT" MEANS AND
INCLUDES BUT IS NOT LIMITED TO, THE RETAIL MERCANTILE ESTABLISHMENT; ANY
COMMON USE AREAS IN SHOPPING CENTERS AND ALL PARKING AREAS SET ASIDE BY
A MERCHANT OR ON BEHALF OF A MERCHANT FOR THE PARKING OF VEHICLES FOR
THE CONVENIENCE OF THE PATRONS OF SUCH RETAIL MERCANTILE ESTABLISHMENT;
(I) "UNDER-RING" MEANS TO CAUSE THE CASH REGISTER OR OTHER SALE
RECORDING DEVICE TO REFLECT LESS THAN THE FULL RETAIL VALUE OF THE
MERCHANDISE;
(J) "ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE COUNTERMEASURE"
MEANS ANY ITEM OR DEVICE WHICH IS DESIGNED, MANUFACTURED, MODIFIED, OR
ALTERED TO DEFEAT ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE; AND
(K) "ORGANIZED RETAIL THEFT ENTERPRISE" MEANS ANY ASSOCIATION OF TWO
OR MORE PERSONS WHO ENGAGE IN THE CONDUCT OF OR ARE ASSOCIATED FOR THE
PURPOSE OF EFFECTUATING THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE.
2. SHOPLIFTING. SHOPLIFTING SHALL CONSIST OF ANY ONE OR MORE OF THE
FOLLOWING ACTS:
(A) FOR ANY PERSON PURPOSELY TO TAKE POSSESSION OF, CARRY AWAY, TRANS-
FER OR CAUSE TO BE CARRIED AWAY OR TRANSFERRED, ANY MERCHANDISE
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DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL
MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE
SAME TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE FULL
RETAIL VALUE THEREOF;
(B) FOR ANY PERSON PURPOSELY TO CONCEAL UPON HIS OR HER PERSON OR
OTHERWISE ANY MERCHANDISE OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL
MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
THE PROCESSES, USE OR BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE SAME
TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE VALUE THER-
EOF;
(C) FOR ANY PERSON PURPOSELY TO ALTER, TRANSFER OR REMOVE ANY LABEL,
PRICE TAG OR MARKING INDICIA OF VALUE OR ANY OTHER MARKINGS WHICH AID IN
DETERMINING VALUE AFFIXED TO ANY MERCHANDISE DISPLAYED, HELD, STORED OR
OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT
AND TO ATTEMPT TO PURCHASE SUCH MERCHANDISE PERSONALLY OR IN CONSORT
WITH ANOTHER AT LESS THAN THE FULL RETAIL VALUE WITH THE INTENTION OF
DEPRIVING THE MERCHANT OF ALL OR SOME PART OF THE VALUE THEREOF;
(D) FOR ANY PERSON PURPOSELY TO TRANSFER ANY MERCHANDISE DISPLAYED,
HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE
ESTABLISHMENT FROM THE CONTAINER IN OR ON WHICH THE SAME SHALL BE
DISPLAYED TO ANY OTHER CONTAINER WITH INTENT TO DEPRIVE THE MERCHANT OF
ALL OR SOME PART OF THE RETAIL VALUE THEREOF;
(E) FOR ANY PERSON PURPOSELY TO UNDER-RING WITH THE INTENTION OF
DEPRIVING THE MERCHANT OF THE FULL RETAIL VALUE THEREOF; AND
(F) FOR ANY PERSON PURPOSELY TO REMOVE A SHOPPING CART FROM THE PREM-
ISES OF A STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT WITHOUT THE
CONSENT OF THE MERCHANT GIVEN AT THE TIME OF SUCH REMOVAL WITH THE
INTENTION OF PERMANENTLY DEPRIVING THE MERCHANT OF THE POSSESSION, USE
OR BENEFIT OF SUCH CART.
3. GRADATION. (A) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE SECOND
DEGREE IF:
(I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS FIFTY THOUSAND DOLLARS
OR MORE; OR
(II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
AN ORGANIZED RETAIL THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE
MERCHANDISE IS ONE THOUSAND DOLLARS OR MORE.
(B) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE THIRD DEGREE IF:
(I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST THREE THOU-
SAND DOLLARS BUT IS LESS THAN FIFTY THOUSAND DOLLARS; OR
(II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
AN ORGANIZED RETAIL THEFT ENTERPRISE AND THE FULL RETAIL VALUE OF THE
MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
(C) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE FOURTH DEGREE IF THE
FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST A THOUSAND DOLLARS BUT
IS LESS THAN THREE THOUSAND DOLLARS.
(D) SHOPLIFTING CONSTITUTES PETIT LARCENY IF THE FULL RETAIL VALUE OF
THE MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
(E) THE VALUE OF THE MERCHANDISE INVOLVED IN A VIOLATION OF THIS
SECTION MAY BE AGGREGATED IN DETERMINING THE GRADE OF THE OFFENSE WHERE
THE ACTS OR CONDUCT CONSTITUTING A VIOLATION WERE COMMITTED PURSUANT TO
ONE SCHEME OR COURSE OF CONDUCT, WHETHER FROM THE SAME PERSON OR SEVERAL
PERSONS, OR WERE COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH AN
ORGANIZED RETAIL THEFT ENTERPRISE.
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(F) ANY PERSON WHO POSSESSES OR USES ANY ANTI-SHOPLIFTING OR INVENTORY
CONTROL DEVICE COUNTERMEASURE WITHIN ANY STORE OR OTHER RETAIL MERCAN-
TILE ESTABLISHMENT IS GUILTY OF A CLASS B MISDEMEANOR.
4. PRESUMPTIONS. ANY PERSON PURPOSELY CONCEALING UNPURCHASED MERCHAN-
DISE OF ANY STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT, EITHER ON
THE PREMISES OR OUTSIDE THE PREMISES OF SUCH STORE OR OTHER RETAIL
MERCANTILE ESTABLISHMENT, SHALL BE PRIMA FACIE PRESUMED TO HAVE SO
CONCEALED SUCH MERCHANDISE WITH THE INTENTION OF DEPRIVING THE MERCHANT
OF THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE WITHOUT PAYING THE
FULL RETAIL VALUE THEREOF, AND THE FINDING OF SUCH MERCHANDISE CONCEALED
UPON THE PERSON OR AMONG THE BELONGINGS OF SUCH PERSON SHALL BE PRIMA
FACIE EVIDENCE OF PURPOSEFUL CONCEALMENT; AND IF SUCH PERSON CONCEALS,
OR CAUSES TO BE CONCEALED, SUCH MERCHANDISE UPON THE PERSON OR AMONG THE
BELONGINGS OF ANOTHER, THE FINDING OF THE SAME SHALL ALSO BE PRIMA FACIE
EVIDENCE OF WILLFUL CONCEALMENT ON THE PART OF THE PERSON SO CONCEALING
SUCH MERCHANDISE.
5. APPREHENSION. (A) A LAW ENFORCEMENT OFFICER, OR A SPECIAL OFFICER,
OR A MERCHANT, WHO HAS PROBABLE CAUSE FOR BELIEVING THAT A PERSON HAS
WILLFULLY CONCEALED UNPURCHASED MERCHANDISE AND THAT HE OR SHE CAN
RECOVER THE MERCHANDISE BY TAKING THE PERSON INTO CUSTODY, MAY, FOR THE
PURPOSE OF ATTEMPTING TO EFFECT RECOVERY THEREOF, TAKE THE PERSON INTO
CUSTODY AND DETAIN HIM OR HER IN A REASONABLE MANNER FOR NOT MORE THAN A
REASONABLE TIME, AND THE TAKING INTO CUSTODY BY A LAW ENFORCEMENT OFFI-
CER OR SPECIAL OFFICER OR MERCHANT SHALL NOT RENDER SUCH PERSON CRIMI-
NALLY OR CIVILLY LIABLE IN ANY MANNER OR TO ANY EXTENT WHATSOEVER.
(B) ANY LAW ENFORCEMENT OFFICER MAY ARREST WITHOUT WARRANT ANY PERSON
HE OR SHE HAS PROBABLE CAUSE FOR BELIEVING HAS COMMITTED THE OFFENSE OF
SHOPLIFTING AS DEFINED IN THIS SECTION.
(C) A MERCHANT WHO CAUSES THE ARREST OF A PERSON FOR SHOPLIFTING, AS
PROVIDED FOR IN THIS SECTION, SHALL NOT BE CRIMINALLY OR CIVILLY LIABLE
IN ANY MANNER OR TO ANY EXTENT WHATSOEVER WHERE THE MERCHANT HAS PROBA-
BLE CAUSE FOR BELIEVING THAT THE PERSON ARRESTED COMMITTED THE OFFENSE
OF SHOPLIFTING.
S 155.55 LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE.
1. A PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE IF HE
OR SHE CONSPIRES WITH OTHERS AS AN ORGANIZER, SUPERVISOR, FINANCIER OR
MANAGER, TO ENGAGE FOR PROFIT IN A SCHEME OR COURSE OF CONDUCT TO EFFEC-
TUATE THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE. LEADER OF ORGAN-
IZED RETAIL THEFT ENTERPRISE CONSTITUTES LARCENY IN THE SECOND DEGREE.
NOTWITHSTANDING THE PROVISIONS OF SECTION 80.00 OF THIS CHAPTER, THE
COURT MAY IMPOSE A FINE NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS
OR FIVE TIMES THE RETAIL VALUE OF THE MERCHANDISE SEIZED AT THE TIME OF
THE ARREST, WHICHEVER IS GREATER.
2. NOTWITHSTANDING THE PROVISIONS OF SECTION 70.35 OF THIS CHAPTER, A
CONVICTION OF LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE SHALL NOT
MERGE WITH THE CONVICTION FOR ANY OFFENSE WHICH IS THE OBJECT OF THE
CONSPIRACY. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE COURT
FROM IMPOSING AN EXTENDED TERM PURSUANT TO ARTICLE SEVENTY OF THIS CHAP-
TER; NOR SHALL THIS SECTION BE CONSTRUED IN ANY WAY TO PRECLUDE OR LIMIT
THE PROSECUTION OR CONVICTION OF ANY PERSON FOR CONSPIRACY UNDER ARTICLE
ONE HUNDRED FIVE OF THIS CHAPTER, OR ANY PROSECUTION OR CONVICTION FOR
ANY OTHER OFFENSE.
3. IT SHALL NOT BE NECESSARY IN ANY PROSECUTION UNDER THIS SECTION FOR
THE STATE TO PROVE THAT ANY INTENDED PROFIT WAS ACTUALLY REALIZED. THE
TRIER OF FACT MAY INFER THAT A PARTICULAR SCHEME OR COURSE OF CONDUCT
WAS UNDERTAKEN FOR PROFIT FROM ALL OF THE ATTENDING CIRCUMSTANCES,
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INCLUDING BUT NOT LIMITED TO THE NUMBER OF PERSONS INVOLVED IN THE
SCHEME OR COURSE OF CONDUCT, THE ACTOR'S NET WORTH AND HIS OR HER
EXPENDITURES IN RELATION TO HIS OR HER LEGITIMATE SOURCES OF INCOME, THE
AMOUNT OF MERCHANDISE INVOLVED, OR THE AMOUNT OF CASH OR CURRENCY
INVOLVED.
4. IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT
ANY SHOPLIFTED MERCHANDISE WAS BROUGHT INTO OR TRANSPORTED IN THIS STATE
SOLELY FOR ULTIMATE DISTRIBUTION IN ANOTHER JURISDICTION; NOR SHALL IT
BE A DEFENSE THAT ANY PROFIT WAS INTENDED TO BE MADE IN ANOTHER JURIS-
DICTION.
S 3. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
S 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when he OR
SHE steals property and when:
1. [The] THE value of the property exceeds fifty thousand dollars;
[or]
2. [The] THE property, regardless of its nature and value, is obtained
by extortion committed by instilling in the victim a fear that the actor
or another person will (a) cause physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse his OR HER
position as a public servant by engaging in conduct within or related to
his OR HER official duties, or by failing or refusing to perform an
official duty, in such manner as to affect some person adversely; OR
3. THE PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE AS
PROVIDED IN SECTION 155.55 OF THIS ARTICLE.
Grand larceny in the second degree is a class C felony.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART B
Section 1. The penal law is amended by adding a new section 70.16 to
read as follows:
S 70.16 SENTENCES OF IMPRISONMENT OR FINES FOR A PATTERN OF CRIMINAL
OFFENSE.
1. DEFINITION OF PATTERN OF CRIMINAL OFFENSE. A "PATTERN OF CRIMINAL
OFFENSE" MEANS TWO OR MORE CRIMINAL OFFENSES ARE COMMITTED AND:
(A) ARE PART OF THE SAME PLAN, SCHEME OR ADVENTURE;
(B) ARE A SEQUENCE OF TWO OR MORE OF THE SAME CRIMINAL OFFENSES
COMMITTED AND ARE NOT SEPARATED BY AN INTERVAL OF MORE THAN THIRTY DAYS
BETWEEN THE FIRST AND SECOND OFFENSE, THE SECOND AND THIRD, AND SO ON;
OR
(C) EACH PROCEEDS FROM OR POSSESSES AN ANTECEDENT ELEMENT OF A PRIOR
INCIDENT OR PATTERN OF FRAUD, ROBBERY, BURGLARY, THEFT, IDENTITY THEFT,
RECEIPT OF STOLEN PROPERTY, FALSE PERSONATING, FALSE PRETENSES, OBTAIN-
ING PROPERTY BY TRICK OR DECEPTION, USING A CREDIT CARD OR DEBIT CARD
WITHOUT CONSENT, OR THE MAKING, TRANSFERRING OR RECEIPT OF A FALSE OR
FRAUDULENT IDENTIFICATION CARD.
2. AUTHORIZED SENTENCE. WHEN THE COURT HAS FOUND THAT A PERSON HAS
ENGAGED IN A PATTERN OF CRIMINAL OFFENSES IN TWO OR MORE COUNTIES IN
THIS STATE OR WHO ATTEMPTED OR CONSPIRED WITH OTHERS TO ENGAGE IN A
PATTERN OF CRIMINAL OFFENSES, THE COURT MAY IMPOSE:
(A) A SENTENCE OF IMPRISONMENT IN THE DEPARTMENT OF CORRECTIONS FOR A
TERM NOT EXCEEDING TWO YEARS;
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(B) A SENTENCE OF IMPRISONMENT IN THE COUNTY JAIL FOR A TERM NOT
EXCEEDING ONE YEAR;
(C) A FINE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS; OR
(D) BOTH, A FINE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND
DOLLARS AND IMPRISONMENT.
SUCH PUNISHMENT SHALL BE IN ADDITION TO ANY PENALTY IMPOSED FOR ANY
OFFENSE INVOLVED IN THE PATTERN OF CRIMINAL OFFENSES.
3. JURISDICTION AND VENUE. (A) A PERSON MAY BE PROSECUTED FOR CRIMINAL
ACTIONS WITH RESPECT TO EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED
WITHIN A PATTERN OF CRIMINAL OFFENSES AS DEFINED IN SUBDIVISION ONE OF
THIS SECTION, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE
HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL
ACTIVITY. ONE DISTRICT COURT MAY POSSESS JURISDICTION OVER ALL CRIMINAL
OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED
TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED
PATTERN OF CRIMINAL OFFENSES.
(B) SUBDIVISION TWO OF THIS SECTION SHALL BE ENFORCED IN ANY COUNTY
WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH
OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY.
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.
PART C
Section 1. Section 155.30 of the penal law is amended by adding two
new subdivisions 1-a and 1-b to read as follows:
1-A. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AS
DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL BUSINESS LAW AND
THE AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE ADVER-
TISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
1-B. THE PROPERTY IS STOLEN BY ONE PERSON, OR BY TWO OR MORE PERSONS
WORKING IN ASSOCIATION, FROM ONE OR MORE THAN ONE RETAIL MERCANTILE
ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL
BUSINESS LAW WITHIN A PERIOD OF THIRTY DAYS OR LESS BETWEEN THE FIRST
AND SECOND EPISODE, THE SECOND AND THIRD EPISODE, AND SO ON, AND THE
AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE ADVERTISED
RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
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.
PART D
Section 1. Section 155.30 of the penal law is amended by adding a new
subdivision 14 to read as follows:
14. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
TO FACILITATE THE THEFT, THE PERSON LEAVES THE RETAIL MERCANTILE ESTAB-
LISHMENT WITH SUCH PROPERTY BY USE OF A DESIGNATED EMERGENCY EXIT. FOR
THE PURPOSES OF THIS SUBDIVISION, THE TERM "RETAIL MERCANTILE ESTABLISH-
MENT" SHALL MEAN A PLACE WHERE GOODS, WARES OR MERCHANDISE ARE OFFERED
TO THE PUBLIC FOR SALE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART E
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Section 1. Section 155.30 of the penal law is amended by adding a new
subdivision 15 to read as follows:
15. THE PROPERTY IS TAKEN BY A PERSON WHO IS IN POSSESSION OF AN
ANTI-SECURITY ITEM. FOR THE PURPOSES OF THIS SUBDIVISION AN "ANTI-SECUR-
ITY ITEM" IS DEFINED AS AN ITEM DESIGNED FOR THE PURPOSE OF OVERCOMING
DETECTION OF SECURITY MARKINGS OR ATTACHMENTS PLACED ON PROPERTY OFFERED
FOR SALE AT SUCH AN ESTABLISHMENT.
S 2. Section 170.47 of the penal law, as added by chapter 580 of the
laws of 1983, is amended to read as follows:
S 170.47 Criminal possession of an anti-security item.
A person is guilty of criminal possession of an anti-security item,
when with intent to steal property at a retail mercantile establishment
as defined in article twelve-B of the general business law, he OR SHE
knowingly possesses in such an establishment an item designed for the
purpose of overcoming detection of security markings or attachments
placed on property offered for sale at such an establishment.
Criminal possession of an anti-security item is a class [B] A misde-
meanor.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
PART F
Section 1. The penal law is amended by adding four new sections
165.80, 165.81, 165.82 and 165.83 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, 165.82 AND 165.83 OF THIS ARTICLE, THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
1. THE TERM "RETAIL SALES RECEIPT" MEANS ANY HANDWRITTEN OR MACHINE OR
COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER TO ACKNOWL-
EDGE PAYMENT RECEIVED BY A CUSTOMER.
2. THE TERM "UNIFORM PRODUCT CODE LABEL" MEANS ANY BAR CODE OR OTHER
CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRICING
INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND READ BY
A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING 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
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.
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S 165.83 POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL
PRODUCT CODE MANUFACTURING DEVICE.
A PERSON IS GUILTY OF POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT
OR UNIVERSAL PRODUCT CODE MANUFACTURING DEVICE WHEN, WITH INTENT TO
DECEIVE OR DEFRAUD A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
GOODS OR SERVICES, HE OR SHE POSSESSES A DEVICE THAT MANUFACTURES FRAU-
DULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS.
POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
PART G
Section 1. Section 38 of the general business law, as added by chapter
282 of the laws of 1995, is amended to read as follows:
S 38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
ER, an authorized manufacturer's representative, or authorized distribu-
tor, shall offer for sale any of the following items:
1. [Food manufactured and packaged for sale for consumption by a child
under the age of two years; or
2. Drugs as defined in section three thousand three hundred two of the
public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD MANUFACTURED
AND PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
AGE. THE TERM SHALL INCLUDE INFANT FORMULA;
2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY NON-NARCOTIC MEDI-
CINE OR DRUG THAT MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
INCLUDE ANY DRUGS COMMONLY KNOWN AS "OVER-THE-COUNTER DRUGS," HERBAL
PRODUCTS, DIETARY SUPPLEMENTS, BOTANICAL EXTRACTS, AND VITAMINS AND
SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO-
EIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR OFFI-
CIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
3. COSMETICS, WHICH SHALL MEAN MERCHANDISE, OTHER THAN SOAP, BUT
INCLUDING RAZOR BLADES, THAT IS INTENDED TO BE RUBBED, POURED, SPRIN-
KLED, OR SPRAYED ONTO, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE
HUMAN BODY OR ANY PART THEREOF FOR CLEANSING, BEAUTIFYING, PROMOTING
ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
THEREOF; OR
4. BATTERIES, WHICH SHALL MEAN A DEVICE CONSISTING OF ONE OR MORE
CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE, A NEGATIVE ELEC-
TRODE AND AN ELECTROLYTE, WHICH IS USED TO PROVIDE STORED ELECTRICAL
POWER.
S 2. This act shall take effect immediately.
PART H
Section 1. The opening paragraph of section 155.30 of the penal law,
as amended by chapter 515 of the laws of 1986, is amended to read as
follows:
A person is guilty of grand larceny in the fourth degree when he OR
SHE steals property OR FRAUDULENTLY OBTAINS PROPERTY and when:
S 2. Section 155.30 of the penal law is amended by adding two new
subdivisions 12 and 13 to read as follows:
12. THE VALUE OF THE PROPERTY OR AGGREGATED VALUE EXCEEDS ONE THOUSAND
DOLLARS AND THE PERSON HAD THE INTENT TO RESELL SUCH PROPERTY ON AN
ONLINE MARKETPLACE.
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FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION THIRTEEN OF THIS
SECTION, "ONLINE MARKETPLACE" SHALL MEAN AN INTERNET SITE USED TO FACIL-
ITATE THE SALE OF GOODS AND SERVICES, INCLUDING ANY INTERNET SITE USED
FOR AUCTIONS THAT ARE OPERATED BY ANY BUYER, SELLER, OR THIRD-PARTY
INTERMEDIARY.
13. THE PERSON SELLS, ATTEMPTS TO SELL, OR POSSESSES STOLEN OR FRAUDU-
LENTLY OBTAINED PROPERTY WITH AN INTENT TO RESELL SUCH PROPERTY ON AN
ONLINE MARKETPLACE, AND SUCH PERSON KNEW OR SHOULD HAVE KNOWN THAT SUCH
PROPERTY WAS STOLEN.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective dates of Parts A through H of this act shall be
as specifically set forth in the last section of such Parts.