Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to consumer protection |
Feb 06, 2017 |
referred to consumer protection |
Senate Bill S4197
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-S4197 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10902
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §349-f, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A10120
2013-2014: S5051, A2875
2015-2016: S1844, A2538
2019-2020: A6374
2021-2022: A4798
2023-2024: A5541
2017-S4197 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4197 TITLE OF BILL : An act to amend the general business law, in relation to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions PURPOSE : The purpose of this bill is to notify the defendant in a larceny case that a settlement agreement in a civil case is unrelated to any criminal prosecution. SUMMARY OF PROVISIONS : This bill would amend the general business law by adding a new section 349-f. This new section would require a merchant or retail store in seeking a settlement in larceny. This bill includes required language which would notify the defendant that the acceptance or refusal of the settlement will not affect any criminal action arising from the events that led to the civil action. JUSTIFICATION : Major stores are engaged in practicing deception in collecting money from those accused of petty crimes. They are informing these individuals that if they send them a check or provide payment they
2017-S4197 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4197 2017-2018 Regular Sessions I N S E N A T E February 6, 2017 ___________ Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 349-f to read as follows: § 349-F. CIVIL PROCEEDINGS IN LARCENY PROSECUTIONS. 1. WHENEVER A MERCHANT OR RETAIL STORE ATTEMPTS TO SETTLE A CIVIL ACTION THAT IS DERIVATIVE OF A CRIMINAL PROSECUTION COMMENCED UNDER ARTICLE ONE HUNDRED FIFTY-FIVE OF THE PENAL LAW, ALL COMMUNICATIONS PERTAINING TO SUCH ATTEMPTED SETTLEMENT SHALL CONTAIN THE FOLLOWING STATEMENT, WHICH SHALL, IF WRITTEN, BE IN A CONSPICUOUS PLACE, IN FONT LARGER THAN THE REMAINDER OF THE COMMUNICATION, AND, IF SPOKEN, READ IN ITS ENTIRETY: THIS IS AN ATTEMPT TO REACH A SETTLEMENT AGREEMENT IN A CIVIL ACTION FOR SATISFACTION OF DAMAGES RELATED TO A CRIMINAL PROSECUTION. YOU HAVE THE RIGHT TO REFUSE THIS OFFER. YOUR ACCEPTANCE OR REFUSAL OF THIS OFFER HAS NO EFFECT ON ANY CRIMINAL ACTION ARISING FROM THE EVENTS THAT LED TO THIS CIVIL ACTION. FAILURE TO ACCEPT THIS AGREEMENT MAY RESULT IN CIVIL LITIGATION AGAINST YOU. 2. A MERCHANT OR RETAIL STORE THAT FAILS TO INCLUDE SUCH STATEMENT IN ANY COMMUNICATION WITH DEFENDANT SHALL BE STRICTLY LIABLE FOR: (A) ANY ACTUAL DAMAGES SUSTAINED BY DEFENDANT AS A RESULT OF SUCH FAILURE; (B) TREBLE THE AMOUNT SOUGHT BY THE MERCHANT OR RETAIL STORE IN ANY SUCH SETTLEMENT AGREEMENT. IN THE CASE OF MULTIPLE SETTLEMENT OFFERS, THE AMOUNT TO BE TREBLED SHALL BE THE HIGHEST SETTLEMENT AMOUNT SOUGHT BY SUCH MERCHANT OR RETAIL STORE; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05667-01-7
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