NY State Senate Bill 2025-S5082

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 18, 2025	referred to consumer protection

co-Sponsors

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:

Section one: Section 218 of the General Business Law as amended by chap-
ter 374 of the laws of 1994 is amended 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 be detained to no more than one hour.

Also, to put restrictions on mercantile establishments ability to coerce
those who have alleged committed larceny from entering into any sort of
pay agreement, whether directly or by credit, for the civil damaged
incurred by the alleged offense. This bill is also ensuring that parents
of minors are involved right away and that the detainee receive a copy
of the signed paperwork.

 
EXISTING LAW:

Under Subdivision I of section 213, current law states retail mercantile
establishments may detain person who have allegedly committed larceny
for the purpose of investigation or questioning in regards-to criminal
possession of items. This authority is given to authorized employees
such as owner, employee, or agent who have reason to believe that said
person who is detained was guilty of criminal possession of the item.

 
JUSTIFICATION:

There have been instances where mercantile stores have knowingly abused
the vague language in the law regarding their management of persons who
have allegedly committed larceny. It is possible, because of how loosely
the law can be interpreted, for mercantile stores to detain such persons
for hours or until they have agreed to sign an admission of guilt. These
admissions of guilt subject the individuals to responsibility for the
damages incurred. The mercantile establishments have then coerced indi-
viduals to either pay the civil penalties directly or open credit card
accounts with the establishment.

Additionally, after the detained person agrees to pay the civil penal-
ties to the mercantile establishments, they can be coerced into signing
a statement which then absolves the establishment of any wrongdoing
during the detention process. These statements can be as such: "the
mercantile establishment didn't coerce you in any way into signing
anything you signed voluntarily."

Such practices can lead to an abuse of power, and a predatory business
practice, whereby mercantile stores profit from persons who have
allegedly committed larceny. This legislation will strengthen the guide-
lines for these practices, and stop the practice of coercion during
these detention periods.

 
LEGISLATIVE HISTORY:

S.3241 of 2023-2024; Referred to Consumer Protection;

S.3009 of 2022:Died in Assembly, Referred to Consumer Protection;

S.3009 of 2021:Passed Senate, Delivered to Assembly;

S.1769 of 2020:Referred to Consumer Protection;

S.1769 of 2019:Ordered to Third Reading;

S.8445 of 2018:Referred to Consumer Protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

 
 the unauthorized operation 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
 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 SUCH PERSON'S 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
 SUCH PERSON'S 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 SUCH MINOR'S 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.

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Senate Bill S5082

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2025-S5082 (ACTIVE) - Details

2025-S5082 (ACTIVE) - Summary

2025-S5082 (ACTIVE) - Sponsor Memo

2025-S5082 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5082

Share this bill

Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

Leroy Comrie

2025-S5082 (ACTIVE) - Details

2025-S5082 (ACTIVE) - Summary

2025-S5082 (ACTIVE) - Sponsor Memo

2025-S5082 (ACTIVE) - Bill Text download pdf

Comments