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

                                  9478

                          I N  A S S E M B L Y

                               May 1, 2014
                               ___________

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 communications
  by retail stores attempting to  settle  civil  actions  deriving  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:
  S 349-F. CIVIL PROCEEDINGS IN  LARCENY  PROSECUTIONS.  1.  WHENEVER  A
MERCHANT  OR  RETAIL  STORE  ATTEMPTS  TO  SETTLE A CIVIL ACTION THAT IS
DERIVATIVE OF A CRIMINAL PROSECUTION COMMENCED UNDER ARTICLE ONE HUNDRED
FIFTY-FIVE OF THE PENAL  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 SETTLEMENT AGREEMENT IN A CIVIL ACTION
FOR SATISFACTION OF DAMAGES RELATED TO A CRIMINAL PROSECUTION. YOU  HAVE
THE RIGHT TO REFUSE THIS OFFER. YOUR ACCEPTANCE OR REFUSAL OF THIS OFFER
HAS NO EFFECT ON ANY CRIMINAL ACTION ARISING FROM THE EVENTS THAT LED TO
THIS  CIVIL ACTION. FAILURE TO ACCEPT THIS AGREEMENT MAY RESULT IN CIVIL
LITIGATION AGAINST YOU.
  2. A MERCHANT OR RETAIL STORE 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 MERCHANT OR RETAIL  STORE  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 MERCHANT OR RETAIL STORE;
  (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.
  S  2.  This  act  shall take effect immediately and shall apply to any
prospective attempted settlements of such civil actions.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14906-01-4