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