NY State Senate Bill 2023-S6334

Current Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Apr 14, 2023	referred to finance

co-Sponsors

2023-S6334 (ACTIVE) - Details

See Assembly Version of this Bill:: A6810
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §70-d, Exec L

2023-S6334 (ACTIVE) - Summary

Establishes the office of organized retail theft within the department of law to receive and investigate complaints from any source, or upon its own initiative, of allegations involving the use and role of organized retail theft.

2023-S6334 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6334

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
office of organized retail theft

 
PURPOSE OF BILL:

The purpose of this bill is to establish the Office of Organized Retail
Theft to investigate complaints and prosecute alleged criminal offenses
committed by a person or a retail theft organization.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Executive law by adding a new
section 70-d, which would

* establish the Office of Organized Retail Theft (the Office) to receive
and investigate complaints or allegations involving the use and role of
organized retail theft and to prosecute any alleged criminal offense or

offenses committed by a person or a retail theft organization;

* authorize the Office to coordinate with State agencies and law
enforcement to perform its duties and assist in related investigations
when necessary;

* establish the powers of investigations of the Office;

* require the Office to publish an annual report summarizing its activ-
ities and to make legislative recommendations; and

* allow the Office to perform any other functions and duties necessary
or appropriate to fulfill its duties and responsibilities.

Section 2 of this bill would establish a severability clause.

Section 3 of this bill provides that the effective date shall take
effect two years from when this act shall have become law.

 
JUSTIFICATION:

The United States Department of Homeland Security defines Organized
Retail Crime (ORC) as "the association of two or more persons engaged in
illegally obtaining items of value from retail establishments, through
theft and/or fraud, as part of a criminal enterprise." ORC does not
comprise theft such as one individual shoplifting due to a lack of food
or clothing; it is more about multiple people turning a profit from the
mass theft of retail items. These criminals are often involved in other
organized criminal operations as well, such as narcotics trafficking,
cargo theft, money laundering, terrorism, and more.

ORC bears a significant cost to retailers, governments, and average
citizens. A 2021 joint report from the Retail Industry Leaders Associ-
ation and the Buy Safe America Coalition revealed that nearly $70
billion in goods were stolen from retailers across the country in 2019.
Unfortunately, ORC has only become more common in recent years.  Not
including lost sales taxes, ORC costs federal and state governments
nearly $15 billion in lost tax revenue. The impacts of ORC also cost the
average American family more than $500 annually.

Due to the surge in ORC since the beginning of the pandemic, many
retailers across the State are suffering from consistent organized
robberies. Individuals that participate in ORC are often arrested, only
to be released and return to organized crime again. This cycle leads to
increased prices, a decline in open hours, and a loss of business for
many retailers. It is often a small group of people driving this organ-
ized retail theft; for example, in Manhattan between 2015 and 2021, 18
percent of people arrested for shoplifting accounted for about half of
all shoplifting arrests. This means that a coordinated effort to combat
ORC would start with addressing this concentrated population of repeat
offenders who are deeply involved with organized theft groups.

This bill would establish the Office of Organized Retail Theft to
receive and investigate complaints or allegations involving the use and
role of organized retail theft, and to prosecute any alleged criminal
offense or offenses committed by a person or a retail theft organiza-
tion. The Office would be instrumental in coordinating with related
agencies and police departments to stop ORC and the people behind these
criminal enterprises. This is a critical step toward a decline in ORC
across the State, which will allow retailers to do their everyday busi-
ness without fear. This will also carry positive economic effects,
reducing costs for retailers, the State and local governments, and resi-
dents alike.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect two years from when this act shall have
become law.

2023-S6334 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6334
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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

 S. 6334                             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
 S. 6334                             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.

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Senate Bill S6334

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S6334 (ACTIVE) - Details

2023-S6334 (ACTIVE) - Summary

2023-S6334 (ACTIVE) - Sponsor Memo

2023-S6334 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6334

Share this bill

Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

Jessica Scarcella-Spanton

2023-S6334 (ACTIVE) - Details

2023-S6334 (ACTIVE) - Summary

2023-S6334 (ACTIVE) - Sponsor Memo

2023-S6334 (ACTIVE) - Bill Text download pdf

Comments