S T A T E   O F   N E W   Y O R K
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                                   7459
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2019
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Economic Development
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07067-01-9

 A. 7459                             2
 
 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
 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.