Bill Text: NY A05595 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to larceny in mercantile establishments.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A05595 Detail]

Download: New_York-2015-A05595-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5595
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
         Committee on Judiciary
       AN ACT to amend the general obligations law, in relation to  larceny  in
         mercantile establishments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 11-105 of the general obligations law, as added  by
    2  chapter 724 of the laws of 1991, is amended to read as follows:
    3    S 11-105. Larceny  in  mercantile establishments. 1. When used in this
    4  section, the term "mercantile establishment" shall mean a place or vehi-
    5  cle where goods, wares or merchandise are offered for sale or a place or
    6  vehicle from which deliveries of goods, wares or merchandise are made.
    7    2. When used in this section, the term "larceny" is an act  heretofore
    8  defined  or known as common law larceny by trespassory taking as defined
    9  in paragraph (a) of subdivision two of section 155.05 of the  penal  law
   10  committed against the property of a mercantile establishment.
   11    2-A.  WHEN  USED  IN THIS SECTION, THE TERM "ACTUAL SALES PRICE" SHALL
   12  MEAN THE PRICE OF THE MERCHANDISE OFFERED FOR SALE TO THE PUBLIC AT  THE
   13  SPECIFIC  PLACE,  ON  THE  SPECIFIC  DAY AND AT THE SPECIFIC TIME OF THE
   14  ALLEGED LARCENY.
   15    3. When used in this section, the term "emancipated minor" shall  mean
   16  a  person  who  was  over  the age of sixteen at the time of the alleged
   17  larceny and who was no longer a dependent of or  in  the  custody  of  a
   18  parent or legal guardian.
   19    4.  In  any  proceeding brought under this section the burden of proof
   20  shall be by a preponderance of the evidence.
   21    5. An adult or emancipated minor who commits larceny against the prop-
   22  erty of a mercantile establishment shall be civilly liable to the opera-
   23  tor of such establishment in an amount consisting of:
   24    (a) the [retail] ACTUAL SALES price of  the  merchandise  OFFERED  FOR
   25  SALE  TO  THE GENERAL PUBLIC AT THE TIME OF SUCH ALLEGED LARCENY if SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06504-01-5
       A. 5595                             2
    1  MERCHANDISE IS not recovered in merchantable condition up to  an  amount
    2  not to exceed fifteen hundred dollars; plus
    3    (b)  a  penalty  not  to  exceed  the  greater of [five] TWO times the
    4  [retail] ACTUAL SALES price of the merchandise or  [seventy-five]  FIFTY
    5  dollars;  provided,  however, that in no event shall such penalty exceed
    6  five hundred dollars.
    7    6. Parents or legal guardians  of  an  unemancipated  minor  shall  be
    8  civilly  liable  for said minor who commits larceny against the property
    9  of a mercantile establishment to the operator of such  establishment  in
   10  an amount consisting of:
   11    (a)  the  [retail]  ACTUAL  SALES price of the merchandise OFFERED FOR
   12  SALE TO THE GENERAL PUBLIC AT THE TIME OF SUCH ALLEGED LARCENY  if  SUCH
   13  MERCHANDISE  IS  not recovered in merchantable condition up to an amount
   14  not to exceed fifteen hundred dollars; plus
   15    (b) a penalty not to exceed  the  greater  of  [five]  TWO  times  the
   16  [retail]  ACTUAL  SALES price of the merchandise or [seventy-five] FIFTY
   17  dollars; provided, however, that in no event shall such  penalty  exceed
   18  five hundred dollars.
   19    7.  A  conviction  or a plea of guilty for committing larceny is not a
   20  prerequisite to the bringing of a civil suit, obtaining a  judgment,  or
   21  collecting that judgment under this section.
   22    8.  The  fact that an operator of a mercantile establishment may bring
   23  an action against an individual as provided in this  section  shall  not
   24  limit  the right of such merchant to [demand, orally or] ASK in writing,
   25  that a person who is liable for damages and penalties under this section
   26  remit the damages and penalties prior to the commencement of  any  legal
   27  action.
   28    9.  In  any  action brought under subdivision six of this section, the
   29  court shall consider in the interest of justice mitigating circumstances
   30  that bear directly upon the actions of the parent or legal  guardian  in
   31  supervising the unemancipated minor who committed the larceny.
   32    10. An action for recovery of damages and penalties under this section
   33  may be brought in any court of competent jurisdiction.
   34    11.  The provisions of this section shall not be construed to prohibit
   35  or limit any other cause of action which an  operator  of  a  mercantile
   36  establishment may have against a person who unlawfully takes merchandise
   37  from the mercantile establishment.
   38    12.  Any  testimony  or  statements  of the defendant or unemancipated
   39  minor child of the defendant or any evidence derived from an attempt  to
   40  reach  a  civil settlement or from a civil proceeding brought under this
   41  section shall be inadmissible in any other court proceeding relating  to
   42  such larceny.
   43    S 2. This act shall take effect immediately.