Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Feb 18, 2025 |
referred to consumer protection |
Senate Bill S5082
2025-2026 Legislative Session
Sponsored By
(D) 32nd Senate District
Current Bill Status - In Senate Committee Consumer Protection 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
(D) 14th Senate District
2025-S5082 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §218, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S1769
2021-2022: S3009
2023-2024: S3241
2025-S5082 (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.
2025-S5082 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5082 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the general business law, in relation to mercantile establishments and the defense of lawful detention PURPOSE: To impose a reasonable limit on the mercantile establishments' ability to detain persons who have alleged committed larceny, and reduce the period of time said persons can he detained to no more than one hour. Also, to put restrictions on mercantile establishments ability to coerce those who have allegedly committed larceny from entering into any sort of pay agreement, whether directly or by credit, for the civil damaged incurred by the alleged offense, ensuring that parents of minors are involved right away and that the detainee receive a copy of the signed paperwork. SUMMARY OF PROVISIONS:
2025-S5082 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5082 2025-2026 Regular Sessions I N S E N A T E February 18, 2025 ___________ Introduced by Sens. SEPULVEDA, COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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] SUCH PEACE OFFICER'S special duties, police officer or by the owner of the retail mercantile establishment or motion picture theater, [his] SUCH OWNER OF THE RETAIL MERCANTILE ESTABLISHMENT OR MOTION PICTURE THEATER'S 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02168-01-5 S. 5082 2
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