Assembly Bill A9672

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

                                  9672

                          I N  A S S E M B L Y

                              May 15, 2014
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business  law,  in  relation  to  mercantile
  establishments and the defense of lawful detention

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 218 of the general  business  law,  as  amended  by
chapter 374 of the laws of 1994, is amended to read as follows:
  S  218.  1.  Defense  of  lawful  detention.   In any action for false
arrest, false imprisonment, unlawful detention, defamation of character,
assault, trespass, or invasion of civil rights, brought by any person by
reason of having been detained on or in the immediate  vicinity  of  the
premises  of  (a)  a  retail mercantile establishment for the purpose of
investigation or questioning as to criminal possession of an anti-secur-
ity item as defined in section 170.47 of the penal  law  or  as  to  the
ownership  of  any  merchandise, or (b) a motion picture theater for the
purposes of investigation or questioning as to the  unauthorized  opera-
tion  of  a  recording device in a motion picture theater, it shall be a
defense to such action that the person  was  detained  in  a  reasonable
manner  and  for not more than a reasonable time to permit such investi-
gation or questioning by a peace officer acting pursuant to his  special
duties,  police  officer or by the owner of the retail mercantile estab-
lishment or motion picture theater, his authorized  employee  or  agent,
and  that  such officer, owner, employee or agent had reasonable grounds
to believe that the person so detained was guilty of criminal possession
of an anti-security item as defined in section 170.47 of the  penal  law
or  was  committing  or attempting to commit larceny on such premises of
such merchandise or was engaged  in  the  unauthorized  operation  of  a
recording device in a motion picture theater.
  2.  As  used  in this section, "reasonable grounds" shall include, but
not be limited to, knowledge that  a  person  [(i)]  (A)  has  concealed
possession  of unpurchased merchandise of a retail mercantile establish-
ment, or [(ii)] (B) has possession of an item designed for  the  purpose
of  overcoming  detection  of  security  markings  attachments placed on

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

                                                           LBD14503-01-4

A. 9672                             2

merchandise offered for sale at such an establishment,  or  [(iii)]  (C)
has  possession  of  a  recording  device in a theater in which a motion
picture is being exhibited [and a].
  3.  A  "reasonable  time"  shall mean the PERIOD OF time [necessary to
permit the person detained to make a statement or to refuse  to  make  a
statement,  and  the time necessary], NOT TO EXCEED ONE HOUR, to examine
employees and records of the mercantile establishment  relative  to  the
ownership of the merchandise, or possession of such an item or device.
  4.   UNDER NO CIRCUMSTANCES SHALL "REASONABLE TIME" INCLUDE, NOR SHALL
THE RELEASE FROM DETENTION BY A MERCANTILE ESTABLISHMENT BE  CONDITIONED
UPON,  ANY  REQUIREMENT THAT THE PERSON DETAINED FOR THE ALLEGED COMMIS-
SION OF A LARCENY, OR HIS OR HER PARENT OR LEGAL  GUARDIAN,  ENTER  INTO
ANY  AGREEMENT  TO PAY, DIRECTLY OR THROUGH THE EXTENSION OF CREDIT, THE
CIVIL DAMAGES AND PENALTIES PROVIDED FOR IN SECTION 11-105 OF THE GENER-
AL OBLIGATIONS LAW; OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED  TO  THAT
INDIVIDUAL DETAINED OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED TO HIS OR
HER  PARENT  OR  LEGAL  GUARDIAN,  PARTICULARLY  THE  PREPARED FORM THAT
STATES, IN ESSENCE: "THE MERCANTILE ESTABLISHMENT DIDN'T COERCE  YOU  IN
ANY WAY INTO SIGNING ANYTHING, YOU SIGNED VOLUNTARILY." EVERY PERSON WHO
IS  DETAINED  PURSUANT  TO  THIS SECTION, AND, IF, DURING SUCH DETENTION
MAKES AN ORAL STATEMENT OR SIGNS ANY STATEMENT OR DOCUMENTS, OR  HIS  OR
HER  PARENT  OR  LEGAL  GUARDIAN SIGNS ANY STATEMENT OR DOCUMENTS, SHALL
UPON HIS OR HER RELEASE BE PROVIDED WITH A WRITTEN  TRANSCRIPT  OF  SUCH
ORAL STATEMENT AND COPIES OF ANY STATEMENT OR DOCUMENTS SO SIGNED.
  5.  Such  detention at such vicinity shall not authorize the taking of
such person's fingerprints at such vicinity unless the taking of finger-
prints is otherwise authorized by section 160.10 of the criminal  proce-
dure  law  and  are  taken  by the arresting or other appropriate police
officer or agency described therein in accordance with section 140.20 or
140.27 of such law. Whenever fingerprints are taken, the requirements of
article one hundred sixty of the criminal procedure law shall  apply  as
if fully set forth herein.
  S 2. This act shall take effect immediately.