Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Mar 03, 2017 |
referred to judiciary |
Senate Bill S4922
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-S4922 (ACTIVE) - Details
2017-S4922 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4922 TITLE OF BILL : An act to amend the general obligations law, in relation to larceny in mercantile establishments PURPOSE OR GENERAL IDEA OF BILL : To impose a limit on the civil penalty paid to mercantile establishments in the case of alleged larceny to the amount of no more than two times the actual sales price (the price of the item at the specific place, on the specific day and at the specific time of the alleged larceny) or $50. SUMMARY OF SPECIFIC PROVISIONS : Section 1. Amends Section 11-105 of the General Obligations Law to define "actual sales price" as 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. If such merchandise up to the amount of $1500, is not recovered in merchantable condition, the alleged person, or legal guardian in the case of minor, shall be civilly liable for no more than 2 times the actual sales price or $50, and the penalty shall not exceed $500. Section 2. Effective Date
2017-S4922 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4922 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 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: (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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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