NY State Senate Bill 2017-S4921

Senate Bill S4921

2017-2018 Legislative Session

Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to judiciary

2017-S4921 (ACTIVE) - Details

See Assembly Version of this Bill:: A2058
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §11-105, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5977, A8248
2015-2016: S352, A5582
2019-2020: S1752, A7457
2021-2022: S2231, A851
2023-2024: S1915, A1681

2017-S4921 (ACTIVE) - Summary

Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments.

2017-S4921 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4921

 TITLE OF BILL :  An act to amend the general obligations law, in
relation to requiring mercantile establishments to cease collections
upon a court finding of not guilty of larceny in mercantile
establishments

 PURPOSE OR GENERAL IDEA OF BILL :

Provides for the immediate cessation of collections upon a finding of
not guilty.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the general obligations law, section 11-105 by
adding a new subdivision 13. Provides that a person who is found not
guilty of larceny shall not be civilly liable to the operator of a
mercantile establishment. Requires that any attempt to collect money
or recover merchandise shall immediately cease.

Section 2. Effective Date.

 EXISTING LAW :

Section 11-105 of the General Obligations law establishes civil
penalties in cases of larceny.

 JUSTIFICATION :

While the General Obligations law, section 11-105 provides ample
protection for mercantile establishments in cases of larceny, there is
no protection for someone who has been accused of larceny, but found
not guilty by the court.

A situation occurred at Macy's whereby a shopper was accused of
stealing a coat he had purchased and attempted to return the following
day, along with the receipt to verify the purchase. The shopper was
arrested by the NYPD and taken to midtown criminal court.  The judge,
upon hearing the case and determining the facts, dismissed the
charges. The shopper's attorney filed a civil suit against Macy's, and
of course Macy's settled.

However, the case did not end with the finding of not guilty and the
civil suit. A collection agency, attempting to collect a "debt"
contacted the shopper and insisted that the shopper stilled owed
Macy's the purchase price of the coat.

This bill would prohibit a mercantile establishment from initiating
civil liability upon a finding of not guilty and would further require
any attempt to collect money or recover merchandise to immediately
cease.

 PRIOR LEGISLATIVE HISTORY :

2016: S.352- REFERRED TO JUDICIARY/A. 5582- REFERRED TO JUDICIARY
2015: S.352- REFERRED TO JUDICIARY/A.5582- REFERRED TO JUDICIARY
2014: S.5977 - Defeated in Judiciary/A.8248 Referred to Judiciary
2013: S.5977 - Referred to Judiciary/A.8248 - Referred to Judiciary

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S4921 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4921
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in  relation  to  requiring
   mercantile establishments to cease collections upon a court finding of
   not guilty of 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 is amended by
 adding a new subdivision 13 to read as follows:
   13. CESSATION OF COLLECTIONS UPON FINDING OF  NOT  GUILTY.  AN  ADULT,
 EMANCIPATED MINOR, OR THE PARENTS OR LEGAL GUARDIANS OF AN UNEMANCIPATED
 MINOR  WHO  IS  FOUND  NOT  GUILTY  IN ANY PROCEEDING BROUGHT UNDER THIS
 SECTION SHALL NOT BE CIVILLY LIABLE TO THE OPERATOR  OF  THE  MERCANTILE
 ESTABLISHMENT  BRINGING THE PROCEEDING AND ANY ATTEMPTS TO COLLECT MONEY
 OR RECOVER MERCHANDISE FROM THE ADULT, EMANCIPATED MINOR, OR THE PARENTS
 OR LEGAL GUARDIANS OF AN UNEMANCIPATED MINOR SHALL IMMEDIATELY CEASE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07278-01-7

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