S T A T E   O F   N E W   Y O R K
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                                 3822--A
    Cal. No. 231

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 18, 2015
                               ___________

Introduced  by Sens. VENDITTO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a  third  reading,  passed by Senate and delivered to the
  Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the criminal procedure law, in relation to  establishing
  jurisdiction for organized retail theft crimes

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

  Section 1. Subdivision 4 of section 20.40 of  the  criminal  procedure
law is amended by adding a new paragraph (n) to read as follows:
  (N)  (I)  AN  ORGANIZED  RETAIL THEFT CRIME, WHERE THE DEFENDANT KNOWS
THAT SUCH CRIME IS A PART OF A COORDINATED PLAN, SCHEME  OR  VENTURE  OF
ORGANIZED  RETAIL  THEFT CRIMES COMMITTED BY TWO OR MORE PERSONS, MAY BE
PROSECUTED IN ANY COUNTY IN WHICH SUCH DEFENDANT COMMITTED AT LEAST  ONE
SUCH ORGANIZED RETAIL THEFT CRIME; PROVIDED, HOWEVER, THAT THE COUNTY OF
PROSECUTION IS CONTIGUOUS TO ANOTHER COUNTY IN WHICH ONE OR MORE OF SUCH
OTHER  ORGANIZED  RETAIL THEFT CRIMES WAS COMMITTED.  MULTIPLE ORGANIZED
RETAIL THEFT CRIMES COMMITTED BY THE SAME DEFENDANT MAY BE JOINED IN ONE
INDICTMENT  IF  AUTHORIZED  AND  APPROPRIATE  IN  ACCORDANCE  WITH   THE
PROVISIONS  OF  SECTION  200.20 OF THIS CHAPTER, PROVIDED, HOWEVER, THAT
NOTWITHSTANDING SECTION 200.40 OF THIS CHAPTER, NO MORE THAN ONE DEFEND-
ANT MAY BE CHARGED IN THE SAME INDICTMENT OR PROSECUTED AS PART  OF  THE
SAME  TRIAL  UNDER  THIS  PARAGRAPH. FOR PURPOSES OF THIS PARAGRAPH, THE
FIVE COUNTIES THAT COMPRISE NEW YORK CITY  SHALL  BE  DEEMED  CONTIGUOUS
WITH EACH OTHER.
  (II)  FOR  PURPOSES  OF THIS PARAGRAPH, "ORGANIZED RETAIL THEFT CRIME"
SHALL MEAN THE CRIME OF LARCENY, INCLUDING BY  TRICK,  FRAUD,  EMBEZZLE-
MENT,  STEALING  OR FALSE PRETENSES, OF RETAIL MERCHANDISE IN QUANTITIES

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

                                                           LBD02331-03-5

S. 3822--A                          2

THAT WOULD NOT NORMALLY BE PURCHASED FOR PERSONAL  USE  OR  CONSUMPTION,
FOR  THE  PURPOSES  OF  RESELLING, TRADING, OR OTHERWISE REENTERING SUCH
RETAIL MERCHANDISE IN COMMERCE.
  S  2. Subdivision 1 of section 100.45 of the criminal procedure law is
amended to read as follows:
  1.  Where appropriate, the provisions of sections  200.20  and  200.40
AND  PARAGRAPH (N) OF SUBDIVISION FOUR OF SECTION 20.40 OF THIS CHAPTER,
governing severance of counts of an indictment and severance of  defend-
ants  for trial purposes, and governing consolidation of indictments for
trial purposes, apply to informations, to prosecutor's informations  and
to misdemeanor complaints.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.