Bill Text: NY A00939 | 2011-2012 | 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 (Democrat 2-0)

Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A00939 Detail]

Download: New_York-2011-A00939-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          939
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
         tee 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.
                                                                  LBD00388-01-1