BILL NUMBER:S2926

TITLE OF BILL:  An act to amend the penal law, in relation to establish-
ing jurisdiction and venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:  This bill relates to jurisdiction and
venue for a pattern of criminal offenses, granting jurisdiction to any
county when at least one of the crimes constituting a pattern occurs
within that county.

SUMMARY OF PROVISIONS:

Section One amends the penal law by adding a new section 70.16 which
provides that a person may be prosecuted for criminal actions with
respect to each of the alleged criminal offenses included within a
pattern of criminal offenses that are part of the same plan, scheme ox
adventure, in any county where at least one of the alleged criminal
offenses has occurred when such offense is part of the alleged pattern
of criminal activity.

Section Two is the effective date.

JUSTIFICATION:  This bill is part of a package of legislation that seeks
to cut down on patterns of criminal activity that rise to the level of
"organized retail theft". According to the Federal Bureau of Investi-
gation, organized retail theft 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 retail-
ers specifically hundreds of millions of dollars annually and, more
importantly, compromise the health, safety, and welfare of unsuspecting
New York consumers. For every item stolen, New York 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 supermar-
kets. It's a crime that has grown substantially over the past decade,
and has continued to grow 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.

This legislation amends the penal law to allow crimes falling under the
definition of organized retail theft to be prosecuted in any county
where at least one alleged offense that is part of the pattern of activ-
ity has occurred. Under this legislation, one district court would be
granted jurisdiction over all criminal offenses, persons, and property
that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional limita-
tions under our current penal system and avoid committing multiple
offenses in the same county to avoid harsher penalties. This bill would

give law enforcement officials another tool in curbing organized retail
crime.

LEGISLATIVE HISTORY:  S.6958C of 2012 passed in the Senate/ A.10507A
Referred to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

                                BILL NUMBER:S2926A

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to establishing jurisdiction and venue for a pattern of
criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:

This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction to any county when at least one of the
crimes constituting a pattern occurs within that county.

SUMMARY OF PROVISIONS:

Section One amends the criminal procedure law by adding a new section
20.40(n) which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses included
within a pattern of criminal offenses that are part of the same plan,
scheme or venture, in any county where at least one of the alleged
criminal offenses has occurred when such offense is part of the
alleged pattern of criminal activity.

Section Two is the effective date.

JUSTIFICATION:

              

This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft 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
specifically hundreds of millions of dollars annually and, more
importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York 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, and has continued to grow 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.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county where at least one alleged offense that is part of the pattern
of activity has occurred. Under this legislation, one district court
would be granted jurisdiction over all criminal offenses, persons, and
property that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional
limitations under our current penal system and avoid committing
multiple offenses in the same county to avoid harsher penalties. This
bill would give law enforcement officials another tool in curbing
organized retail crime.


LEGISLATIVE HISTORY:

S.6958C of 2012 passed in the Senate/ A.10507A Referred to Codes

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.