S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6810
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of organized retail theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The executive law is amended by adding a new section 70-d
 to read as follows:
   § 70-D. OFFICE OF ORGANIZED RETAIL THEFT.   1. THERE SHALL  BE  ESTAB-
 LISHED WITHIN THE DEPARTMENT OF LAW AN OFFICE OF ORGANIZED RETAIL THEFT.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, THE OFFICE OF ORGANIZED
 RETAIL THEFT SHALL RECEIVE AND INVESTIGATE COMPLAINTS FROM  ANY  SOURCE,
 OR UPON ITS OWN INITIATIVE, OF ALLEGATIONS INVOLVING THE USE AND ROLE OF
 ORGANIZED  RETAIL THEFT IN FACILITATING ACTS AS DESCRIBED IN THIS SUBDI-
 VISION AND, IF WARRANTED, PROSECUTE  ANY  ALLEGED  CRIMINAL  OFFENSE  OR
 OFFENSES COMMITTED BY A PERSON OR A RETAIL THEFT ORGANIZATION, INCLUDING
 BUT NOT LIMITED TO HOW SUCH ORGANIZATION PROCURES AND/OR STEALS PROPERTY
 FROM  RETAILERS;  TRAINS  A PERSON TO PROCURE AND/OR STEAL PROPERTY FROM
 RETAILERS; RESELLS STOLEN PROPERTY AND SOLICITS BUYERS FOR  SUCH  STOLEN
 PROPERTY,  INCLUDING BUT NOT LIMITED TO PHYSICAL AND INTERNET SYSTEMS OF
 RESALE; TRANSFERS  AND  STORES  SUCH  STOLEN  PROPERTY;  CONCEALS  FUNDS
 RELATED  TO  THE  RESALE  OF  STOLEN PROPERTY OR OTHER FUNDS ASSOCIATED,
 GENERATED, AND/OR PROCURED  FROM  ILLICIT  MEANS  RELATED  TO  ORGANIZED
 RETAIL  THEFT;  AND  HOW PROCEEDS FROM THE RESALE OF STOLEN PROPERTY ARE
 REINVESTED AND USED BY SUCH ORGANIZATION. ADDITIONALLY,  THE  OFFICE  OF
 ORGANIZED  RETAIL  THEFT  MAY  COMMUNICATE  AND  CONSULT WITH BUSINESSES
 IMPACTED OR AT RISK TO BE TARGETED  BY  ORGANIZED  RETAIL  THEFT,  IN  A
 MANNER PRESCRIBED BY SUCH OFFICE.
   2.  THE  OFFICE OF ORGANIZED RETAIL THEFT MAY REQUEST AND RECEIVE FROM
 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  THE  DIVISION
 OF  STATE  POLICE,  AND  FROM EVERY DEPARTMENT, DIVISION, BOARD, BUREAU,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10742-01-3
              

 A. 6810                             2
 
 COMMISSION OR OTHER AGENCY OF THE STATE, OR OF ANY POLITICAL SUBDIVISION
 THEREOF, COOPERATION AND ASSISTANCE IN THE PERFORMANCE  OF  ITS  DUTIES.
 ADDITIONALLY, THE OFFICE OF ORGANIZED RETAIL THEFT MAY PROVIDE TECHNICAL
 AND  OTHER  ASSISTANCE  TO  ANY  DISTRICT  ATTORNEY  OR  OTHER LOCAL LAW
 ENFORCEMENT OFFICIAL REQUESTING SUCH ASSISTANCE IN THE INVESTIGATION  OR
 PROSECUTION  OF CASES INVOLVING OFFENSES DESCRIBED IN SUBDIVISION ONE OF
 THIS SECTION.
   3. THE OFFICE OF ORGANIZED RETAIL THEFT MAY DETERMINE THAT A  REFERRAL
 TO  AN  APPROPRIATE  FEDERAL,  STATE  OR LOCAL LAW ENFORCEMENT AGENCY IS
 NECESSARY, AND MAY ASSIST IN SUCH  INVESTIGATIONS,  IF  REQUESTED  BY  A
 FEDERAL,  STATE,  OR  LOCAL  LAW  ENFORCEMENT AGENCY IN THEIR EFFORTS TO
 COUNTER THE OFFENSES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   4. IN CONNECTION WITH THE OFFENSES DESCRIBED  IN  SUBDIVISION  ONE  OF
 THIS  SECTION,  THE  OFFICE  OF  ORGANIZED RETAIL THEFT SHALL CONDUCT AN
 INVESTIGATION, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO: (A)  GATHERING
 AND ANALYZING EVIDENCE; (B) CONDUCTING WITNESS INTERVIEWS; (C) REVIEWING
 AND  COMMISSIONING  ANY  NECESSARY INVESTIGATIVE AND SCIENTIFIC REPORTS;
 AND (D) REVIEWING AUDIO AND VIDEO RECORDINGS. THE  OFFICE  OF  ORGANIZED
 RETAIL  THEFT  SHALL  BE  EMPOWERED  TO SUBPOENA WITNESSES, COMPEL THEIR
 ATTENDANCE, EXAMINE THEM UNDER OATH BEFORE SUCH OFFICE OR  A  MAGISTRATE
 AND  REQUIRE  THAT  ANY  BOOKS, RECORDS, DOCUMENTS OR PAPERS RELEVANT OR
 MATERIAL TO THE INQUIRY BE TURNED OVER TO SUCH  OFFICE  FOR  INSPECTION,
 EXAMINATION  OR  AUDIT, PURSUANT TO THE CIVIL PRACTICE LAW AND RULES, IN
 CONNECTION WITH SUCH OFFENSES  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION.
   5.  THE ATTORNEY GENERAL SHALL DESIGNATE A DEPUTY ATTORNEY GENERAL FOR
 ORGANIZED RETAIL THEFT TO EXERCISE THE POWERS AND DUTIES OF  THE  OFFICE
 OF  RETAIL THEFT, WHO SHALL BE IN THE EXEMPT CLASS OF THE CIVIL SERVICE.
 THE DEPUTY ATTORNEY GENERAL MAY DESIGNATE DEPUTIES  OR  ASSISTANTS,  WHO
 SHALL  BE  IN  THE  EXEMPT  CLASS OF THE CIVIL SERVICE, AS NECESSARY AND
 APPROPRIATE. THE OTHER EMPLOYEES OF THE OFFICE OF ORGANIZED RETAIL THEFT
 WITHIN THE DEPARTMENT OF LAW, WHO ARE NOT OTHERWISE EXEMPT, SHALL ALL BE
 IN THE COMPETITIVE CLASS OF THE CIVIL SERVICE AND  SHALL  BE  CONSIDERED
 FOR  PURPOSES  OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW TO BE PUBLIC
 EMPLOYEES IN THE CIVIL SERVICE OF THE STATE, AND SHALL  BE  ASSIGNED  TO
 THE  APPROPRIATE  COLLECTIVE BARGAINING UNIT. EMPLOYEES SERVING IN POSI-
 TIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE  SAME  COLLECTIVE
 BARGAINING UNITS AS THEY WOULD HAVE BEEN ASSIGNED TO IF SUCH TITLES WERE
 CREATED  PRIOR  TO  THE  ESTABLISHMENT OF THE OFFICE OF ORGANIZED RETAIL
 THEFT WITHIN THE DEPARTMENT OF LAW PURSUANT TO THIS SECTION. THE  DEPUTY
 ATTORNEY  GENERAL  FOR  ORGANIZED  RETAIL  THEFT  MAY APPEAR AND CONDUCT
 PROCEEDINGS IN PERSON OR BY HIS OR HER DEPUTY OR  ASSISTANT  BEFORE  ANY
 COURT OR GRAND JURY IN CONNECTION WITH PROCEEDINGS UNDER THIS SECTION.
   6.  ONE YEAR AFTER THIS SECTION TAKES EFFECT, AND ANNUALLY THEREAFTER,
 THE OFFICE OF ORGANIZED RETAIL THEFT SHALL ISSUE A REPORT,  WHICH  SHALL
 BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON THE WEBSITE OF THE DEPART-
 MENT  OF  LAW,  WHICH  SHALL  SUMMARIZE  THE ACTIVITIES OF THE OFFICE OF
 ORGANIZED RETAIL THEFT AND RECOMMEND SPECIFIC CHANGES TO  STATE  LAW  TO
 FURTHER  THE  INVESTIGATIONS AND PROSECUTIONS OF THE OFFICE OF ORGANIZED
 RETAIL THEFT.
   7. THE OFFICE OF ORGANIZED RETAIL THEFT MAY PERFORM  ANY  OTHER  FUNC-
 TIONS AND DUTIES THAT ARE NECESSARY OR APPROPRIATE TO FULFILL THE DUTIES
 AND RESPONSIBILITIES OF SUCH OFFICE.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 A. 6810                             3

 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect two years after it shall have become a
 law.