S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3174
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. SEPULVEDA, RAIA, STECK -- Multi-Sponsored by --
   M. of A. COOK, GARBARINO -- 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:
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07384-01-7
              

 A. 3174                             2
 
   (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.
   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.
   § 2. This act shall take effect immediately.