BILL NUMBER:S5977

TITLE OF BILL:  An act to amend the general obligations law, in
relation to requiring mercantile establishments to cease collections
upon a court finding of not guilty of larceny in mercantile
establishments

PURPOSE OR GENERAL IDEA OF BILL:

Provides for the immediate cessation of collections upon a finding of
not guilty.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1.. Amends section 11-105 of the general obligations law by
adding a new subdivision 13. Provides that a person who is found not
guilty of larceny shall not be civilly liable to the operator of a
mercantile establishment. Requires that any attempt to collect money
or recover merchandise shall immediately cease.

Section 2. Effective Date

EXISTING LAW:

Section 11-105 of the General Obligations law establishes civil
penalties in cases of larceny.
              

JUSTIFICATION:

While the General Obligations law, section 11-105 provides ample
protection for mercantile establishments in cases of larceny, there is
no protection for someone who has been accused of larceny, but found
not guilty by the court.

A situation occurred at Macy's whereby a shopper was accused of
stealing a coat he had purchased and attempted to return the following
day, along with the receipt to verify the purchase. The shopper was
arrested by the NYPD and taken to midtown criminal court.  The judge,
upon hearing the case and determining the facts, dismissed the
charges  The shopper's attorney filed a civil suit against Macy's, and
of course Macy's settled.

However, the case did not end with the finding of not guilty and the
civil suit. A collection agency, attempting to collect a "debt"
contacted the shopper and insisted that the shopper stilled owed
Macy's the purchase price of the coat.

This bill would prohibit a mercantile establishment from initiating
civil liability upon a finding of not guilty and would further require
any attempt to collect money or recover merchandise to immediately
cease.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:


None

EFFECTIVE DATE:

Immediately