Bill Text: NY A02061 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to mercantile establishments and the defense of lawful detention.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A02061 Detail]

Download: New_York-2017-A02061-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2061
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. SEPULVEDA, RAIA, RODRIGUEZ, STECK, JEAN-PIERRE --
          Multi-Sponsored  by  -- M. of A. COOK -- read once and referred to the
          Committee on Economic Development
        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:
     1    Section 1. Section 218 of the general  business  law,  as  amended  by
     2  chapter 374 of the laws of 1994, is amended to read as follows:
     3    §  218.  1.  Defense  of  lawful  detention.   In any action for false
     4  arrest, false imprisonment, unlawful detention, defamation of character,
     5  assault, trespass, or invasion of civil rights, brought by any person by
     6  reason of having been detained on or in the immediate  vicinity  of  the
     7  premises  of  (a)  a  retail mercantile establishment for the purpose of
     8  investigation or questioning as to criminal possession of an anti-secur-
     9  ity item as defined in section 170.47 of the penal  law  or  as  to  the
    10  ownership  of  any  merchandise, or (b) a motion picture theater for the
    11  purposes of investigation or questioning as to the  unauthorized  opera-
    12  tion  of  a  recording device in a motion picture theater, it shall be a
    13  defense to such action that the person  was  detained  in  a  reasonable
    14  manner  and  for not more than a reasonable time to permit such investi-
    15  gation or questioning by a peace officer acting pursuant to his  or  her
    16  special  duties, police officer or by the owner of the retail mercantile
    17  establishment or motion picture theater, his or her authorized  employee
    18  or agent, and that such officer, owner, employee or agent had reasonable
    19  grounds  to  believe  that the person so detained was guilty of criminal
    20  possession of an anti-security item as defined in section 170.47 of  the
    21  penal  law  or  was  committing  or attempting to commit larceny on such
    22  premises of such merchandise or was engaged in the  unauthorized  opera-
    23  tion of a recording device in a motion picture theater.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07383-02-7
        A. 2061                             2
     1    2.  As  used  in this section, "reasonable grounds" shall include, but
     2  not be limited to, knowledge that  a  person  [(i)]  (a)  has  concealed
     3  possession  of unpurchased merchandise of a retail mercantile establish-
     4  ment, or [(ii)] (b) has possession of an item designed for  the  purpose
     5  of  overcoming  detection  of  security  markings  attachments placed on
     6  merchandise offered for sale at such an establishment,  or  [(iii)]  (c)
     7  has  possession  of  a  recording  device in a theater in which a motion
     8  picture is being exhibited [and a].
     9    3. A "reasonable time" shall mean the time necessary,  not  to  exceed
    10  one  hour,  except for extraordinary circumstances, to permit the person
    11  detained to make a statement or to refuse to make a statement[,] and the
    12  time necessary to examine employees and records of the mercantile estab-
    13  lishment relative to the ownership of the merchandise, or possession  of
    14  such an item or device.
    15    4.    The  release  from  detention  shall not be conditioned upon any
    16  requirement that, the person detained pursuant  to  subdivision  one  of
    17  this  section,  or  his  or her parent or legal guardian, sign any docu-
    18  ments, statements, or agreements to pay damages. Any documents presented
    19  shall not contain any message stating that such document or statement is
    20  being signed voluntarily and without coercion. Any person  detained,  or
    21  his  or  her  parent or legal guardian, who signs any statement or docu-
    22  ments, shall, upon release, be provided with copies of  such  statements
    23  or  documents  so signed.   A minor, under the age of eighteen, detained
    24  pursuant to this section, should immediately be afforded the ability  to
    25  contact his or her parents or legal guardian.
    26    5.  Such  detention at such vicinity shall not authorize the taking of
    27  such person's fingerprints at such vicinity unless the taking of finger-
    28  prints is otherwise authorized by section 160.10 of the criminal  proce-
    29  dure  law  and  are  taken  by the arresting or other appropriate police
    30  officer or agency described therein in accordance with section 140.20 or
    31  140.27 of such law. Whenever fingerprints are taken, the requirements of
    32  article one hundred sixty of the criminal procedure law shall  apply  as
    33  if fully set forth herein.
    34    § 2. This act shall take effect immediately.