NY State Senate Bill 2017-S8445

Senate Bill S8445

2017-2018 Legislative Session

Relates to mercantile establishments and the defense of lawful detention

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2018	referred to consumer protection

2017-S8445 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §218, Gen Bus L

2017-S8445 (ACTIVE) - Summary

Relates to mercantile establishments and the defense of lawful detention.

2017-S8445 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8445

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the general business law, in relation
to mercantile establishments and the defense of lawful detention

 
PURPOSE OR GENERAL IDEA OF BILL:

To impose a. reasonable limit on the mercantile establishments' ability
to detain persons who have alleged committed larceny, and reduce the
period of time said persons can he detained to no more than one hour.

Also, to put restrictions on mercantile establishments ability to coerce
those who have alleged committed larceny from entering into any sort of
pay agreement, whether directly or by credit, for the civil damaged
incurred by the alleged offense. Ensuring that parents of minors are
involved right away. ensuring that the detainee receive a copy of the
signed paperwork.

 
SUMMARY OF SPECIFIC PROVISIONS:

Subdivision 1 of section. 214 of the General Business Law as amended by
chapter 374 of the laws of 1994 is amended to impose a reasonable limit
on the mercantile establishments' ability to detain persons who have
alleged committed larceny, and reduce the period of time said persons
can be detained to no more than one hour.

Also, to put restrictions on mercantile establishments ability to coerce
those who have alleged committed larceny from entering into any sort of
pay agreement, whether directly or by credit, for the civil damaged
incurred by the alleged offense. This bill is also ensuring that parents
of minors are involved right away and that the detainee receive a copy
of the signed paperwork.

 
EXISTING LAW:

Under Subdivision I of section 213, current law states retail mercantile
establishments may detain person who have allegedly committed larceny
for the purpose. of investigation or questioning in regards to criminal
possession of items. This authority is given to authorized employees
such as owner, employee, or agent who have reason to believe that said
person who is detained was guilty of criminal possession of the item.

 
JUSTIFICATION:

There have been instances where mercantile stores have knowingly abused
the vague language in the law regarding their management of persons who
have allegedly committed larceny. It is possible, because of how loosely
the law can be interpreted, for mercantile stores to detain such persons
for hours or until they have agreed to sign an admission of guilt. These
admissions of guilt subject, the individuals to responsibility for the
damages incurred. The mercantile establishments have then. coerced indi-
viduals to either pay the civil penalties directly or open credit card
accounts with the establishment.

Additionally, after the detained person agrees to pay the civil penal-
ties to the mercantile establishments, they can be coerced. into signing
a statement which then absolves the establishment of any wrong doing
during the detention process. These statements can be as such: "the
mercantile establishment didn't. coerce you in any way into signing
anything you signed voluntary."

Such practices can lead to an abuse of power, and a predatory business
practice, whereby mercantile stores profit from persons who have
allegedly committed larceny. This legislation will strengthen the guide-
lines for these practices, and stop the practice of coercion during
these detention periods.

 
PRIOR LEGISLATIVE HISTORY:

2014: Referred to Economic Development
2014: ordered to third reading rules cal.127

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8445 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8445
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 mercantile
   establishments and the defense of lawful detention
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  218  of  the general business law, as amended by
 chapter 374 of the laws of 1994, is amended to read as follows:
   § 218. 1. Defense of lawful  detention.    In  any  action  for  false
 arrest, false imprisonment, unlawful detention, defamation of character,
 assault, trespass, or invasion of civil rights, brought by any person by
 reason  of  having  been detained on or in the immediate vicinity of the
 premises of (a) a retail mercantile establishment  for  the  purpose  of
 investigation or questioning as to criminal possession of an anti-secur-
 ity  item  as  defined  in  section 170.47 of the penal law or as to the
 ownership of any merchandise, or (b) a motion picture  theater  for  the
 purposes  of  investigation or questioning as to the unauthorized opera-
 tion of a recording device in a motion picture theater, it  shall  be  a
 defense  to  such  action  that  the person was detained in a reasonable
 manner and for not more than a reasonable time to permit  such  investi-
 gation  or  questioning by a peace officer acting pursuant to his OR HER
 special duties, police officer or by the owner of the retail  mercantile
 establishment  or motion picture theater, his OR HER authorized employee
 or agent, and that such officer, owner, employee or agent had reasonable
 grounds to believe that the person so detained was  guilty  of  criminal
 possession  of an anti-security item as defined in section 170.47 of the
 penal law or was committing or attempting  to  commit  larceny  on  such
 premises  of  such merchandise or was engaged in the unauthorized opera-
 tion of a recording device in a motion picture theater.
   2. As used in this section, "reasonable grounds"  shall  include,  but
 not  be  limited  to,  knowledge  that  a person [(i)] (A) has concealed
 possession of unpurchased merchandise of a retail mercantile  establish-
 ment,  or  [(ii)] (B) has possession of an item designed for the purpose
 of overcoming detection  of  security  markings  attachments  placed  on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07383-02-7

 S. 8445                             2
 
 merchandise  offered  for  sale at such an establishment, or [(iii)] (C)
 has possession of a recording device in a  theater  in  which  a  motion
 picture is being exhibited [and a].
   3.  A  "reasonable  time" shall mean the time necessary, NOT TO EXCEED
 ONE HOUR, EXCEPT FOR EXTRAORDINARY CIRCUMSTANCES, to permit  the  person
 detained to make a statement or to refuse to make a statement[,] and the
 time necessary to examine employees and records of the mercantile estab-
 lishment  relative to the ownership of the merchandise, or possession of
 such an item or device.
   4.   THE RELEASE FROM DETENTION SHALL  NOT  BE  CONDITIONED  UPON  ANY
 REQUIREMENT  THAT,  THE  PERSON  DETAINED PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION, OR HIS OR HER PARENT OR LEGAL  GUARDIAN,  SIGN  ANY  DOCU-
 MENTS, STATEMENTS, OR AGREEMENTS TO PAY DAMAGES. ANY DOCUMENTS PRESENTED
 SHALL NOT CONTAIN ANY MESSAGE STATING THAT SUCH DOCUMENT OR STATEMENT IS
 BEING  SIGNED  VOLUNTARILY AND WITHOUT COERCION. ANY PERSON DETAINED, OR
 HIS OR HER PARENT OR LEGAL GUARDIAN, WHO SIGNS ANY  STATEMENT  OR  DOCU-
 MENTS,  SHALL,  UPON RELEASE, BE PROVIDED WITH COPIES OF SUCH STATEMENTS
 OR DOCUMENTS SO SIGNED.  A MINOR, UNDER THE AGE  OF  EIGHTEEN,  DETAINED
 PURSUANT  TO THIS SECTION, SHOULD IMMEDIATELY BE AFFORDED THE ABILITY TO
 CONTACT HIS OR HER PARENTS OR LEGAL GUARDIAN.
   5. Such detention at such vicinity shall not authorize the  taking  of
 such person's fingerprints at such vicinity unless the taking of finger-
 prints  is otherwise authorized by section 160.10 of the criminal proce-
 dure law and are taken by the  arresting  or  other  appropriate  police
 officer or agency described therein in accordance with section 140.20 or
 140.27 of such law. Whenever fingerprints are taken, the requirements of
 article  one  hundred sixty of the criminal procedure law shall apply as
 if fully set forth herein.
   § 2. This act shall take effect immediately.

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