Bill Text: NY S00033 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item; makes criminal possession of an anti-security item a class A misdemeanor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00033 Detail]

Download: New_York-2009-S00033-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          33
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to the possession of anti-se-
         curity items
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 155.30 of the penal law is amended by adding a  new
    2  subdivision 12 to read as follows:
    3    12.  THE  PROPERTY  IS  TAKEN  BY  A PERSON WHO IS IN POSSESSION OF AN
    4  ANTI-SECURITY ITEM. FOR THE PURPOSES OF THIS SUBDIVISION AN "ANTI-SECUR-
    5  ITY ITEM" IS DEFINED AS AN ITEM DESIGNED FOR THE PURPOSE  OF  OVERCOMING
    6  DETECTION OF SECURITY MARKINGS OR ATTACHMENTS PLACED ON PROPERTY OFFERED
    7  FOR SALE AT SUCH AN ESTABLISHMENT.
    8    S  2.  Section 170.47 of the penal law, as added by chapter 580 of the
    9  laws of 1983, is amended to read as follows:
   10  S 170.47 Criminal possession of an anti-security item.
   11    A person is guilty of criminal possession of  an  anti-security  item,
   12  when  with intent to steal property at a retail mercantile establishment
   13  as defined in article twelve-B of the general business law, he knowingly
   14  possesses in such an establishment an item designed for the  purpose  of
   15  overcoming detection of security markings or attachments placed on prop-
   16  erty offered for sale at such an establishment.
   17    Criminal  possession  of an anti-security item is a class [B] A misde-
   18  meanor.
   19    S 3. This act shall take effect on the first of November next succeed-
   20  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01144-01-9