Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to economic development |
Feb 13, 2023 |
referred to economic development |
Assembly Bill A4218
2023-2024 Legislative Session
Sponsored By
STECK
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Taylor Darling
2023-A4218 (ACTIVE) - Details
- See Senate Version of this Bill:
- S3241
- Current Committee:
- Assembly Economic Development
- Law Section:
- General Business Law
- Laws Affected:
- Amd §218, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A9672
2015-2016: A5581
2017-2018: A2061
2019-2020: A7459, S1769
2021-2022: A310, S3009
2025-2026: S5082
2023-A4218 (ACTIVE) - Summary
Relates to mercantile establishments and the defense of lawful detention; sets requirements that the release from detention shall not be conditioned on signing of any documents or agreements; provides if anything is signed a copy must be provided to the individual or their parent or guardian.
2023-A4218 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4218 2023-2024 Regular Sessions I N A S S E M B L Y February 13, 2023 ___________ Introduced by M. of A. STECK, DARLING -- 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. LBD05484-01-3
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