S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    310
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. STECK -- Multi-Sponsored by -- M. of A. DARLING,
   GOTTFRIED -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03693-01-1

 A. 310                              2
 
   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
 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.