BILL NUMBER:  S176

 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 markings, 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 professional
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
security 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 professional
shoplifting.

 LEGISLATIVE HISTORY :
2015-2016: Passed Senate (S.1849/A.3733)
2014: Passed Senate (S.6474/A.8684)
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.