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

                                  9630

                          I N  A S S E M B L Y

                              May 13, 2014
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred 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:
  S 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
MERCHANDISE IS not recovered in merchantable condition up to  an  amount
not to exceed fifteen hundred dollars; plus

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14502-02-4
              

A. 9630                             2

  (b)  a  penalty  not  to  exceed  the  greater of [five] TWO times the
[retail] ACTUAL SALES price of the merchandise or  [seventy-five]  FIFTY
dollars;  provided,  however, that in no event shall such penalty exceed
five hundred dollars.
  6.  Parents  or  legal  guardians  of  an unemancipated minor shall be
civilly liable for said minor who commits larceny against  the  property
of  a  mercantile establishment to the operator 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
MERCHANDISE IS not recovered in merchantable condition up to  an  amount
not to exceed fifteen hundred dollars; plus
  (b)  a  penalty  not  to  exceed  the  greater of [five] TWO times the
[retail] ACTUAL SALES price of the merchandise or  [seventy-five]  FIFTY
dollars;  provided,  however, that in no event shall such penalty exceed
five hundred dollars.
  7. A conviction or a plea of guilty for committing larceny  is  not  a
prerequisite  to  the bringing of a civil suit, obtaining a judgment, or
collecting that judgment under this section.
  8. The fact that an operator of a mercantile establishment  may  bring
an  action  against  an individual as provided in this section shall not
limit the right of such merchant to [demand, orally or] ASK in  writing,
that a person who is liable for damages and penalties under this section
remit  the  damages and penalties prior to the commencement of any legal
action.
  9. In any action brought under subdivision six of  this  section,  the
court shall consider in the interest of justice mitigating circumstances
that  bear  directly upon the actions of the parent or legal guardian in
supervising the unemancipated minor who committed the larceny.
  10. An action for recovery of damages and penalties under this section
may be brought in any court of competent jurisdiction.
  11. The provisions of this section shall not be construed to  prohibit
or  limit  any  other  cause of action which an operator of a mercantile
establishment may have against a person who unlawfully takes merchandise
from the mercantile establishment.
  12. Any testimony or statements  of  the  defendant  or  unemancipated
minor  child of the defendant or any evidence derived from an attempt to
reach a civil settlement or from a civil proceeding brought  under  this
section  shall be inadmissible in any other court proceeding relating to
such larceny.
  S 2. This act shall take effect immediately.