BILL NUMBER:S6474

TITLE OF BILL:  An act to amend the penal law, in relation to the
possession of anti-security items

PURPOSE:  Enhance penalty for theft of property by a person who
possesses an item designed to block or otherwise override security mark-
ings, tags, or attachments placed on property offered for sale in a
retail mercantile establishment.

SUMMARY OF PROVISIONS:  Section 1. Adds a new subdivision 12 to Section
155.30 of the Penal Law to define "anti-security device" and render it a
crime to use same in theft of property.

Section 2. Amends Section 170.47 of the Penal Law to tender it a class A
misdemeanor to possess an anti-security device with intent to use the
same to steal property at a retail mercantile establishment.

Section 3. Effective date: November 1 next succeeding the date on which
it shall have become law.

JUSTIFICATION:  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, nearly unabated. Estimates from retail and law enforcement
              

suggest the annual loss to organized retail theft in all retail sectors
combines to reach some $25 billion. 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 profes-
sional shoplifters.

Professional shoplifters who steal apparel and accessories usually
shoplift for a fence that either sells the goods to a higher-level fence
or sells the goods himself in a businesslike setting. Theft rings tend
to focus on over-the-counter drugs, pain relievers, health and beauty
aids, and clothing of all kinds. These items have considerable value and
are easily resold to other retailers or in stores the criminal fences
operate. The merchandise is always in demand; most of the items are
fairly small and easy to conceal on the person or in so-called "booster
bags."

"Booster bags" are crafted to hide stolen merchandise from security
devices, theft sensors, and similar units installed by retailers to
guard against the theft of merchandise. The bags can be as rudimentary
as a simple shopping bag lined with aluminum foil, or fashioned to be
more complex and difficult to detect. Whatever the quality, the bags are
crafted so that they will block or otherwise override the store's secu-
rity system, hiding the stolen merchandise and allowing the shoplifter a
clean exit from the store.

This legislation would enhance the criminal penalty against a person who
uses a "booster bag" or other such item designed to override a retail
establishment's security system in order to steal merchandise from that
store. It is an important step forward in helping retailers in New York
State curtail the growing problem of organized retail theft and profes-
sional shoplifting.

LEGISLATIVE HISTORY:  2013: Passed Senate (S.741/A.1895) 2011-2012:
Passed the Senate (S.527/A.8562) 2009-2010: Referred to Codes
(S.33/A.1276) 2007-2008: Passed the Senate (S.5153/A.9094)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  On the first of November next succeeding the date on
which it shall have become a law.