Bill Text: NY A04466 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to organized retail theft using an emergency exit.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A04466 Detail]

Download: New_York-2017-A04466-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4466
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by  M.  of  A.  CUSICK,  GUNTHER, TITONE, CRESPO, ZEBROWSKI,
          WEPRIN -- Multi-Sponsored by -- M. of A.  MAGEE,  SIMANOWITZ  --  read
          once and referred to the Committee on Codes
        AN  ACT  to  amend  the penal law, in relation to organized retail theft
          using an emergency exit
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions  9, 10 and 11 of section 155.30 of the penal
     2  law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
     3  vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11
     4  as added by chapter 394 of the laws of  2005,  are  amended  and  a  new
     5  subdivision 12 is added to read as follows:
     6    9. The property consists of a scroll, religious vestment, a vessel, an
     7  item  comprising  a display of religious symbols which forms a represen-
     8  tative expression of faith, or  other  miscellaneous  item  of  property
     9  which:
    10    (a) has a value of at least one hundred dollars; and
    11    (b)  is  kept  for or used in connection with religious worship in any
    12  building, structure or upon the curtilage of such building or  structure
    13  used  as  a  place  of  religious worship by a religious corporation, as
    14  incorporated under the  religious  corporations  law  or  the  education
    15  law[.]; or
    16    10. The property consists of an access device which the person intends
    17  to use unlawfully to obtain telephone service[.]; or
    18    11.  The  property  consists of anhydrous ammonia or liquified ammonia
    19  gas and the actor intends to use, or knows  another  person  intends  to
    20  use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
    21  methamphetamine[.]; or
    22    12. The property is stolen from a retail mercantile establishment and,
    23  to facilitate an organized retail crime, the person  leaves  the  retail
    24  mercantile establishment with such property by use of a designated emer-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00459-01-7

        A. 4466                             2
     1  gency  exit.  For  the  purposes  of  this subdivision, the term "retail
     2  mercantile establishment" shall mean a  place  where  goods,  wares,  or
     3  merchandise  are  offered  to the public for sale.  For purposes of this
     4  subdivision,  organized  retail crime shall mean the stealing, embezzle-
     5  ment, or obtaining by fraud, false pretenses, or other illegal means, of
     6  retail merchandise in quantities that would not  normally  be  purchased
     7  for  personal use or consumption, for the purpose of reselling, trading,
     8  or otherwise reentering such retail merchandise into commerce.
     9    § 2. This act shall take effect on the first of November next succeed-
    10  ing the date on which it shall have become a law.
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