S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8468
                                 I N  A S S E M B L Y
                                   January 16, 2014
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend the penal law, in relation to criminalizing organized
         retail theft and establishing the crime  of  leader  of  an  organized
         retail  theft enterprise (Part A); to amend the penal law, in relation
         to  the  authorization  of  jurisdiction  and  venue  and   authorized
         sentences  for  a  pattern of criminal offenses (Part B); to amend the
         penal law, in relation to the aggregated value of  stolen  merchandise
         (Part  C); to amend the penal law, in relation to the use of emergency
         exit in the theft of property (Part D); to amend  the  penal  law,  in
         relation  to  the possession of anti-security items (Part E); to amend
         the penal law, in relation to retail sales receipt and universal prod-
         uct code label fraud (Part F); to amend the general business  law,  in
         relation to itinerant vendors (Part G); and to amend the penal law, in
         relation to theft with intent to resell on an online marketplace (Part
         H)
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as  the  "anti-or-
    2  ganized retail theft act".
    3    S  2.  This  act enacts into law major components of legislation which
    4  are necessary to implement the anti-organized retail theft  act.    Each
    5  component  is  wholly  contained  within  a  Part  identified as Parts A
    6  through H. The effective date for each  particular  provision  contained
    7  within  such  Part  is  set  forth in the last section of such Part. Any
    8  provision in any section contained within a Part, including  the  effec-
    9  tive date of the Part, which makes reference to a section "of this act",
   10  when  used in connection with that particular component, shall be deemed
   11  to mean and refer to the corresponding section of the Part in  which  it
   12  is found. Section four of this act sets forth the general effective date
   13  of this act.
   14                                   PART A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01415-01-3
       A. 8468                             2
    1    Section  1.  Legislative  intent.  Organized retail theft is a growing
    2  problem for retailers in this state and throughout the United States. It
    3  is committed by professional theft rings which move  across  communities
    4  and  states  to  pilfer merchandise from supermarkets, chain drugstores,
    5  independent  pharmacies, mass merchandisers and convenience stores, then
    6  resell that merchandise over the internet, at flea markets  and  to  the
    7  stores  from  which it was stolen. Popular items include infant formula,
    8  skin care products, heartburn medications and shaving products.  Accord-
    9  ing to the Federal Bureau of Investigation, organized retail theft loss-
   10  es have amounted to as much as $30 billion.  This  act  is  intended  to
   11  provide  an  additional  tool  to  retailers to fight back against these
   12  shoplifting gangs.
   13    S 2. The penal law is amended by adding two new  sections  155.50  and
   14  155.55 to read as follows:
   15  S 155.50 RETAIL THEFT.
   16    1. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY TO THIS SECTION:
   17    (A)  "SHOPPING  CART"  MEANS  PUSHCARTS OF THE TYPE OR TYPES WHICH ARE
   18  COMMONLY PROVIDED BY GROCERY STORES, DRUGSTORES OR OTHER RETAIL  MERCAN-
   19  TILE  ESTABLISHMENTS  FOR  THE USE OF THE PUBLIC IN TRANSPORTING COMMOD-
   20  ITIES IN STORES AND MARKETS AND, INCIDENTALLY,  FROM  THE  STORES  TO  A
   21  PLACE OUTSIDE THE STORE;
   22    (B)  "STORE  OR  OTHER  RETAIL MERCANTILE ESTABLISHMENT" MEANS A PLACE
   23  WHERE MERCHANDISE IS DISPLAYED, HELD, STORED OR SOLD OR OFFERED  TO  THE
   24  PUBLIC FOR SALE;
   25    (C)  "MERCHANDISE"  MEANS  ANY GOODS, CHATTELS, FOODSTUFFS OR WARES OF
   26  ANY TYPE AND DESCRIPTION, REGARDLESS OF THE VALUE THEREOF;
   27    (D) "MERCHANT" MEANS ANY OWNER OR  OPERATOR  OF  ANY  STORE  OR  OTHER
   28  RETAIL  MERCANTILE  ESTABLISHMENT,  OR  ANY  AGENT,  SERVANT,  EMPLOYEE,
   29  LESSEE, CONSIGNEE, OFFICER, DIRECTOR, FRANCHISEE OR INDEPENDENT CONTRAC-
   30  TOR OF SUCH OWNER OR PROPRIETOR;
   31    (E) "PERSON" MEANS ANY INDIVIDUAL OR INDIVIDUALS, INCLUDING AN  AGENT,
   32  SERVANT  OR  EMPLOYEE  OF A MERCHANT WHERE THE FACTS OF THE SITUATION SO
   33  REQUIRE;
   34    (F) "CONCEAL" MEANS TO CONCEAL MERCHANDISE SO THAT, ALTHOUGH THERE MAY
   35  BE SOME NOTICE OF ITS PRESENCE,  IT  IS  NOT  VISIBLE  THROUGH  ORDINARY
   36  OBSERVATION;
   37    (G)  "FULL  RETAIL  VALUE"  MEANS  THE MERCHANT'S STATED OR ADVERTISED
   38  PRICE OF THE MERCHANDISE;
   39    (H) "PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT" MEANS AND
   40  INCLUDES BUT IS NOT LIMITED TO, THE RETAIL MERCANTILE ESTABLISHMENT; ANY
   41  COMMON USE AREAS IN SHOPPING CENTERS AND ALL PARKING AREAS SET ASIDE  BY
   42  A  MERCHANT  OR  ON BEHALF OF A MERCHANT FOR THE PARKING OF VEHICLES FOR
   43  THE CONVENIENCE OF THE PATRONS OF SUCH RETAIL MERCANTILE ESTABLISHMENT;
   44    (I) "UNDER-RING" MEANS TO  CAUSE  THE  CASH  REGISTER  OR  OTHER  SALE
   45  RECORDING  DEVICE  TO  REFLECT  LESS  THAN  THE FULL RETAIL VALUE OF THE
   46  MERCHANDISE;
   47    (J) "ANTI-SHOPLIFTING  OR  INVENTORY  CONTROL  DEVICE  COUNTERMEASURE"
   48  MEANS  ANY  ITEM OR DEVICE WHICH IS DESIGNED, MANUFACTURED, MODIFIED, OR
   49  ALTERED TO DEFEAT ANY ANTI-SHOPLIFTING OR INVENTORY CONTROL DEVICE; AND
   50    (K) "ORGANIZED RETAIL THEFT ENTERPRISE" MEANS ANY ASSOCIATION  OF  TWO
   51  OR  MORE  PERSONS WHO ENGAGE IN THE CONDUCT OF OR ARE ASSOCIATED FOR THE
   52  PURPOSE OF EFFECTUATING THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE.
   53    2. SHOPLIFTING. SHOPLIFTING SHALL CONSIST OF ANY ONE OR  MORE  OF  THE
   54  FOLLOWING ACTS:
   55    (A) FOR ANY PERSON PURPOSELY TO TAKE POSSESSION OF, CARRY AWAY, TRANS-
   56  FER  OR  CAUSE  TO  BE  CARRIED  AWAY  OR  TRANSFERRED,  ANY MERCHANDISE
       A. 8468                             3
    1  DISPLAYED, HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL
    2  MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
    3  THE POSSESSION, USE OR BENEFIT OF SUCH  MERCHANDISE  OR  CONVERTING  THE
    4  SAME  TO  THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE FULL
    5  RETAIL VALUE THEREOF;
    6    (B) FOR ANY PERSON PURPOSELY TO CONCEAL UPON  HIS  OR  HER  PERSON  OR
    7  OTHERWISE  ANY MERCHANDISE OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL
    8  MERCANTILE ESTABLISHMENT WITH THE INTENTION OF DEPRIVING THE MERCHANT OF
    9  THE PROCESSES, USE OR BENEFIT OF SUCH MERCHANDISE OR CONVERTING THE SAME
   10  TO THE USE OF SUCH PERSON WITHOUT PAYING TO THE MERCHANT THE VALUE THER-
   11  EOF;
   12    (C) FOR ANY PERSON PURPOSELY TO ALTER, TRANSFER OR REMOVE  ANY  LABEL,
   13  PRICE TAG OR MARKING INDICIA OF VALUE OR ANY OTHER MARKINGS WHICH AID IN
   14  DETERMINING  VALUE AFFIXED TO ANY MERCHANDISE DISPLAYED, HELD, STORED OR
   15  OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL  MERCANTILE  ESTABLISHMENT
   16  AND  TO  ATTEMPT  TO  PURCHASE SUCH MERCHANDISE PERSONALLY OR IN CONSORT
   17  WITH ANOTHER AT LESS THAN THE FULL RETAIL VALUE WITH  THE  INTENTION  OF
   18  DEPRIVING THE MERCHANT OF ALL OR SOME PART OF THE VALUE THEREOF;
   19    (D)  FOR  ANY  PERSON PURPOSELY TO TRANSFER ANY MERCHANDISE DISPLAYED,
   20  HELD, STORED OR OFFERED FOR SALE BY ANY STORE OR OTHER RETAIL MERCANTILE
   21  ESTABLISHMENT FROM THE CONTAINER IN  OR  ON  WHICH  THE  SAME  SHALL  BE
   22  DISPLAYED  TO ANY OTHER CONTAINER WITH INTENT TO DEPRIVE THE MERCHANT OF
   23  ALL OR SOME PART OF THE RETAIL VALUE THEREOF;
   24    (E) FOR ANY PERSON PURPOSELY  TO  UNDER-RING  WITH  THE  INTENTION  OF
   25  DEPRIVING THE MERCHANT OF THE FULL RETAIL VALUE THEREOF; AND
   26    (F)  FOR ANY PERSON PURPOSELY TO REMOVE A SHOPPING CART FROM THE PREM-
   27  ISES OF A STORE OR OTHER RETAIL  MERCANTILE  ESTABLISHMENT  WITHOUT  THE
   28  CONSENT  OF  THE  MERCHANT  GIVEN  AT  THE TIME OF SUCH REMOVAL WITH THE
   29  INTENTION OF PERMANENTLY DEPRIVING THE MERCHANT OF THE  POSSESSION,  USE
   30  OR BENEFIT OF SUCH CART.
   31    3.  GRADATION. (A) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE SECOND
   32  DEGREE IF:
   33    (I) THE FULL RETAIL VALUE OF THE MERCHANDISE IS FIFTY THOUSAND DOLLARS
   34  OR MORE; OR
   35    (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
   36  AN ORGANIZED RETAIL THEFT ENTERPRISE AND THE FULL RETAIL  VALUE  OF  THE
   37  MERCHANDISE IS ONE THOUSAND DOLLARS OR MORE.
   38    (B) SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE THIRD DEGREE IF:
   39    (I)  THE  FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST THREE THOU-
   40  SAND DOLLARS BUT IS LESS THAN FIFTY THOUSAND DOLLARS; OR
   41    (II) THE OFFENSE IS COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH
   42  AN ORGANIZED RETAIL THEFT ENTERPRISE AND THE FULL RETAIL  VALUE  OF  THE
   43  MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
   44    (C)  SHOPLIFTING CONSTITUTES GRAND LARCENY IN THE FOURTH DEGREE IF THE
   45  FULL RETAIL VALUE OF THE MERCHANDISE IS AT LEAST A THOUSAND DOLLARS  BUT
   46  IS LESS THAN THREE THOUSAND DOLLARS.
   47    (D)  SHOPLIFTING CONSTITUTES PETIT LARCENY IF THE FULL RETAIL VALUE OF
   48  THE MERCHANDISE IS LESS THAN ONE THOUSAND DOLLARS.
   49    (E) THE VALUE OF THE MERCHANDISE  INVOLVED  IN  A  VIOLATION  OF  THIS
   50  SECTION  MAY BE AGGREGATED IN DETERMINING THE GRADE OF THE OFFENSE WHERE
   51  THE ACTS OR CONDUCT CONSTITUTING A VIOLATION WERE COMMITTED PURSUANT  TO
   52  ONE SCHEME OR COURSE OF CONDUCT, WHETHER FROM THE SAME PERSON OR SEVERAL
   53  PERSONS,  OR  WERE COMMITTED IN FURTHERANCE OF OR IN CONJUNCTION WITH AN
   54  ORGANIZED RETAIL THEFT ENTERPRISE.
       A. 8468                             4
    1    (F) ANY PERSON WHO POSSESSES OR USES ANY ANTI-SHOPLIFTING OR INVENTORY
    2  CONTROL DEVICE COUNTERMEASURE WITHIN ANY STORE OR OTHER  RETAIL  MERCAN-
    3  TILE ESTABLISHMENT IS GUILTY OF A CLASS B MISDEMEANOR.
    4    4.  PRESUMPTIONS. ANY PERSON PURPOSELY CONCEALING UNPURCHASED MERCHAN-
    5  DISE OF ANY STORE OR OTHER RETAIL MERCANTILE  ESTABLISHMENT,  EITHER  ON
    6  THE  PREMISES  OR  OUTSIDE  THE  PREMISES  OF SUCH STORE OR OTHER RETAIL
    7  MERCANTILE ESTABLISHMENT, SHALL BE  PRIMA  FACIE  PRESUMED  TO  HAVE  SO
    8  CONCEALED  SUCH MERCHANDISE WITH THE INTENTION OF DEPRIVING THE MERCHANT
    9  OF THE POSSESSION, USE OR BENEFIT OF SUCH MERCHANDISE WITHOUT PAYING THE
   10  FULL RETAIL VALUE THEREOF, AND THE FINDING OF SUCH MERCHANDISE CONCEALED
   11  UPON THE PERSON OR AMONG THE BELONGINGS OF SUCH PERSON  SHALL  BE  PRIMA
   12  FACIE  EVIDENCE  OF PURPOSEFUL CONCEALMENT; AND IF SUCH PERSON CONCEALS,
   13  OR CAUSES TO BE CONCEALED, SUCH MERCHANDISE UPON THE PERSON OR AMONG THE
   14  BELONGINGS OF ANOTHER, THE FINDING OF THE SAME SHALL ALSO BE PRIMA FACIE
   15  EVIDENCE OF WILLFUL CONCEALMENT ON THE PART OF THE PERSON SO  CONCEALING
   16  SUCH MERCHANDISE.
   17    5.  APPREHENSION. (A) A LAW ENFORCEMENT OFFICER, OR A SPECIAL OFFICER,
   18  OR A MERCHANT, WHO HAS PROBABLE CAUSE FOR BELIEVING THAT  A  PERSON  HAS
   19  WILLFULLY  CONCEALED  UNPURCHASED  MERCHANDISE  AND  THAT  HE OR SHE CAN
   20  RECOVER THE MERCHANDISE BY TAKING THE PERSON INTO CUSTODY, MAY, FOR  THE
   21  PURPOSE  OF  ATTEMPTING TO EFFECT RECOVERY THEREOF, TAKE THE PERSON INTO
   22  CUSTODY AND DETAIN HIM OR HER IN A REASONABLE MANNER FOR NOT MORE THAN A
   23  REASONABLE TIME, AND THE TAKING INTO CUSTODY BY A LAW ENFORCEMENT  OFFI-
   24  CER  OR  SPECIAL OFFICER OR MERCHANT SHALL NOT RENDER SUCH PERSON CRIMI-
   25  NALLY OR CIVILLY LIABLE IN ANY MANNER OR TO ANY EXTENT WHATSOEVER.
   26    (B) ANY LAW ENFORCEMENT OFFICER MAY ARREST WITHOUT WARRANT ANY  PERSON
   27  HE  OR SHE HAS PROBABLE CAUSE FOR BELIEVING HAS COMMITTED THE OFFENSE OF
   28  SHOPLIFTING AS DEFINED IN THIS SECTION.
   29    (C) A MERCHANT WHO CAUSES THE ARREST OF A PERSON FOR  SHOPLIFTING,  AS
   30  PROVIDED  FOR IN THIS SECTION, SHALL NOT BE CRIMINALLY OR CIVILLY LIABLE
   31  IN ANY MANNER OR TO ANY EXTENT WHATSOEVER WHERE THE MERCHANT HAS  PROBA-
   32  BLE  CAUSE  FOR BELIEVING THAT THE PERSON ARRESTED COMMITTED THE OFFENSE
   33  OF SHOPLIFTING.
   34  S 155.55 LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE.
   35    1. A PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE IF  HE
   36  OR  SHE  CONSPIRES WITH OTHERS AS AN ORGANIZER, SUPERVISOR, FINANCIER OR
   37  MANAGER, TO ENGAGE FOR PROFIT IN A SCHEME OR COURSE OF CONDUCT TO EFFEC-
   38  TUATE THE TRANSFER OR SALE OF SHOPLIFTED MERCHANDISE. LEADER  OF  ORGAN-
   39  IZED  RETAIL  THEFT ENTERPRISE CONSTITUTES LARCENY IN THE SECOND DEGREE.
   40  NOTWITHSTANDING THE PROVISIONS OF SECTION 80.00  OF  THIS  CHAPTER,  THE
   41  COURT MAY IMPOSE A FINE NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS
   42  OR  FIVE TIMES THE RETAIL VALUE OF THE MERCHANDISE SEIZED AT THE TIME OF
   43  THE ARREST, WHICHEVER IS GREATER.
   44    2. NOTWITHSTANDING THE PROVISIONS OF SECTION 70.35 OF THIS CHAPTER,  A
   45  CONVICTION  OF  LEADER OF AN ORGANIZED RETAIL THEFT ENTERPRISE SHALL NOT
   46  MERGE WITH THE CONVICTION FOR ANY OFFENSE WHICH IS  THE  OBJECT  OF  THE
   47  CONSPIRACY.  NOTHING  CONTAINED IN THIS SECTION SHALL PROHIBIT THE COURT
   48  FROM IMPOSING AN EXTENDED TERM PURSUANT TO ARTICLE SEVENTY OF THIS CHAP-
   49  TER; NOR SHALL THIS SECTION BE CONSTRUED IN ANY WAY TO PRECLUDE OR LIMIT
   50  THE PROSECUTION OR CONVICTION OF ANY PERSON FOR CONSPIRACY UNDER ARTICLE
   51  ONE HUNDRED FIVE OF THIS CHAPTER, OR ANY PROSECUTION OR  CONVICTION  FOR
   52  ANY OTHER OFFENSE.
   53    3. IT SHALL NOT BE NECESSARY IN ANY PROSECUTION UNDER THIS SECTION FOR
   54  THE  STATE  TO PROVE THAT ANY INTENDED PROFIT WAS ACTUALLY REALIZED. THE
   55  TRIER OF FACT MAY INFER THAT A PARTICULAR SCHEME OR  COURSE  OF  CONDUCT
   56  WAS  UNDERTAKEN  FOR  PROFIT  FROM  ALL  OF THE ATTENDING CIRCUMSTANCES,
       A. 8468                             5
    1  INCLUDING BUT NOT LIMITED TO THE  NUMBER  OF  PERSONS  INVOLVED  IN  THE
    2  SCHEME  OR  COURSE  OF  CONDUCT,  THE  ACTOR'S  NET WORTH AND HIS OR HER
    3  EXPENDITURES IN RELATION TO HIS OR HER LEGITIMATE SOURCES OF INCOME, THE
    4  AMOUNT  OF  MERCHANDISE  INVOLVED,  OR  THE  AMOUNT  OF CASH OR CURRENCY
    5  INVOLVED.
    6    4. IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER THIS SECTION  THAT
    7  ANY SHOPLIFTED MERCHANDISE WAS BROUGHT INTO OR TRANSPORTED IN THIS STATE
    8  SOLELY  FOR  ULTIMATE DISTRIBUTION IN ANOTHER JURISDICTION; NOR SHALL IT
    9  BE A DEFENSE THAT ANY PROFIT WAS INTENDED TO BE MADE IN  ANOTHER  JURIS-
   10  DICTION.
   11    S 3. Section 155.40 of the penal law, as amended by chapter 515 of the
   12  laws of 1986, is amended to read as follows:
   13  S 155.40 Grand larceny in the second degree.
   14    A  person  is  guilty of grand larceny in the second degree when he OR
   15  SHE steals property and when:
   16    1. [The] THE value of the property  exceeds  fifty  thousand  dollars;
   17  [or]
   18    2. [The] THE property, regardless of its nature and value, is obtained
   19  by extortion committed by instilling in the victim a fear that the actor
   20  or  another  person will (a) cause physical injury to some person in the
   21  future, or (b) cause damage to property, or (c) use or abuse his OR  HER
   22  position as a public servant by engaging in conduct within or related to
   23  his  OR  HER  official  duties,  or by failing or refusing to perform an
   24  official duty, in such manner as to affect some person adversely; OR
   25    3. THE PERSON IS A LEADER OF AN ORGANIZED RETAIL THEFT  ENTERPRISE  AS
   26  PROVIDED IN SECTION 155.55 OF THIS ARTICLE.
   27    Grand larceny in the second degree is a class C felony.
   28    S  4.  This  act shall take effect on the ninetieth day after it shall
   29  have become a law.
   30                                   PART B
   31    Section 1. The penal law is amended by adding a new section  70.16  to
   32  read as follows:
   33  S 70.16 SENTENCES  OF  IMPRISONMENT  OR  FINES FOR A PATTERN OF CRIMINAL
   34             OFFENSE.
   35    1. DEFINITION OF PATTERN OF CRIMINAL OFFENSE. A "PATTERN  OF  CRIMINAL
   36  OFFENSE" MEANS TWO OR MORE CRIMINAL OFFENSES ARE COMMITTED AND:
   37    (A) ARE PART OF THE SAME PLAN, SCHEME OR ADVENTURE;
   38    (B)  ARE  A  SEQUENCE  OF  TWO  OR  MORE OF THE SAME CRIMINAL OFFENSES
   39  COMMITTED AND ARE NOT SEPARATED BY AN INTERVAL OF MORE THAN THIRTY  DAYS
   40  BETWEEN  THE  FIRST AND SECOND OFFENSE, THE SECOND AND THIRD, AND SO ON;
   41  OR
   42    (C) EACH PROCEEDS FROM OR POSSESSES AN ANTECEDENT ELEMENT OF  A  PRIOR
   43  INCIDENT  OR PATTERN OF FRAUD, ROBBERY, BURGLARY, THEFT, IDENTITY THEFT,
   44  RECEIPT OF STOLEN PROPERTY, FALSE PERSONATING, FALSE PRETENSES,  OBTAIN-
   45  ING  PROPERTY  BY  TRICK OR DECEPTION, USING A CREDIT CARD OR DEBIT CARD
   46  WITHOUT CONSENT, OR THE MAKING, TRANSFERRING OR RECEIPT OF  A  FALSE  OR
   47  FRAUDULENT IDENTIFICATION CARD.
   48    2.  AUTHORIZED  SENTENCE.  WHEN  THE COURT HAS FOUND THAT A PERSON HAS
   49  ENGAGED IN A PATTERN OF CRIMINAL OFFENSES IN TWO  OR  MORE  COUNTIES  IN
   50  THIS  STATE  OR  WHO  ATTEMPTED  OR CONSPIRED WITH OTHERS TO ENGAGE IN A
   51  PATTERN OF CRIMINAL OFFENSES, THE COURT MAY IMPOSE:
   52    (A) A SENTENCE OF IMPRISONMENT IN THE DEPARTMENT OF CORRECTIONS FOR  A
   53  TERM NOT EXCEEDING TWO YEARS;
       A. 8468                             6
    1    (B)  A  SENTENCE  OF  IMPRISONMENT  IN  THE COUNTY JAIL FOR A TERM NOT
    2  EXCEEDING ONE YEAR;
    3    (C) A FINE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS; OR
    4    (D)  BOTH,  A  FINE  IN  AN  AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND
    5  DOLLARS AND IMPRISONMENT.
    6    SUCH PUNISHMENT SHALL BE IN ADDITION TO ANY PENALTY  IMPOSED  FOR  ANY
    7  OFFENSE INVOLVED IN THE PATTERN OF CRIMINAL OFFENSES.
    8    3. JURISDICTION AND VENUE. (A) A PERSON MAY BE PROSECUTED FOR CRIMINAL
    9  ACTIONS  WITH  RESPECT TO EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED
   10  WITHIN A PATTERN OF CRIMINAL OFFENSES AS DEFINED IN SUBDIVISION  ONE  OF
   11  THIS  SECTION, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE
   12  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL
   13  ACTIVITY.  ONE DISTRICT COURT MAY POSSESS JURISDICTION OVER ALL CRIMINAL
   14  OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED
   15  TO, EACH OR ALL OF THE ALLEGED CRIMINAL  OFFENSES  FORMING  THE  ALLEGED
   16  PATTERN OF CRIMINAL OFFENSES.
   17    (B)  SUBDIVISION  TWO  OF THIS SECTION SHALL BE ENFORCED IN ANY COUNTY
   18  WHERE AT LEAST ONE  ALLEGED  CRIMINAL  OFFENSE  HAS  OCCURRED  AND  SUCH
   19  OFFENSE IS PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  ing the date on which it shall have become a law.
   22                                   PART C
   23    Section  1.  Section  155.30 of the penal law is amended by adding two
   24  new subdivisions 1-a and 1-b to read as follows:
   25    1-A. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT  AS
   26  DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL BUSINESS LAW AND
   27  THE  AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE ADVER-
   28  TISED RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
   29    1-B. THE PROPERTY IS STOLEN BY ONE PERSON, OR BY TWO OR  MORE  PERSONS
   30  WORKING  IN  ASSOCIATION,  FROM  ONE  OR MORE THAN ONE RETAIL MERCANTILE
   31  ESTABLISHMENT AS DEFINED IN SECTION TWO HUNDRED SEVENTEEN OF THE GENERAL
   32  BUSINESS LAW WITHIN A PERIOD OF THIRTY DAYS OR LESS  BETWEEN  THE  FIRST
   33  AND  SECOND  EPISODE,  THE  SECOND AND THIRD EPISODE, AND SO ON, AND THE
   34  AGGREGATED VALUE OF PRICE TAGS, STICKER PRICES, OR OTHERWISE  ADVERTISED
   35  RETAIL PRICES OF SUCH PROPERTY EXCEEDS ONE THOUSAND DOLLARS; OR
   36    S 2. This act shall take effect on the first of November next succeed-
   37  ing the date on which it shall have become a law.
   38                                   PART D
   39    Section  1. Section 155.30 of the penal law is amended by adding a new
   40  subdivision 14 to read as follows:
   41    14. THE PROPERTY IS STOLEN FROM A RETAIL MERCANTILE ESTABLISHMENT AND,
   42  TO FACILITATE THE THEFT, THE PERSON LEAVES THE RETAIL MERCANTILE  ESTAB-
   43  LISHMENT  WITH  SUCH PROPERTY BY USE OF A DESIGNATED EMERGENCY EXIT. FOR
   44  THE PURPOSES OF THIS SUBDIVISION, THE TERM "RETAIL MERCANTILE ESTABLISH-
   45  MENT" SHALL MEAN A PLACE WHERE GOODS, WARES OR MERCHANDISE  ARE  OFFERED
   46  TO THE PUBLIC FOR SALE.
   47    S  2.  This  act shall take effect on the ninetieth day after it shall
   48  have become a law.
   49                                   PART E
       A. 8468                             7
    1    Section 1. Section 155.30 of the penal law is amended by adding a  new
    2  subdivision 15 to read as follows:
    3    15.  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  OR  SHE
   14  knowingly  possesses  in  such an establishment an item designed for the
   15  purpose of overcoming detection  of  security  markings  or  attachments
   16  placed on property 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.
   21                                   PART F
   22    Section 1. The penal law  is  amended  by  adding  four  new  sections
   23  165.80, 165.81, 165.82 and 165.83 to read as follows:
   24  S 165.80 DEFINITIONS;  APPLICATION  TO  OFFENSES  REGARDING RETAIL SALES
   25             RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS.
   26    AS USED IN SECTIONS 165.81, 165.82 AND 165.83  OF  THIS  ARTICLE,  THE
   27  FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   28    1. THE TERM "RETAIL SALES RECEIPT" MEANS ANY HANDWRITTEN OR MACHINE OR
   29  COMPUTER  PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER TO ACKNOWL-
   30  EDGE PAYMENT RECEIVED BY A CUSTOMER.
   31    2. THE TERM "UNIFORM PRODUCT CODE LABEL" MEANS ANY BAR CODE  OR  OTHER
   32  CODING  SYSTEM  DESIGNED  TO  BE READ BY COMPUTER WHICH CONTAINS PRICING
   33  INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND READ BY
   34  A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING SALE  PRICE
   35  OF A GOOD.
   36  S 165.81 RETAIL  SALES  RECEIPT  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE
   37             SECOND DEGREE.
   38    A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL  PRODUCT  CODE
   39  FRAUD  IN  THE  SECOND  DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
   40  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
   41  SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A  RETAIL
   42  SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT.
   43    RETAIL  SALES  RECEIPT  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND
   44  DEGREE IS A CLASS A MISDEMEANOR.
   45  S 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT  CODE  FRAUD  IN  THE
   46             FIRST DEGREE.
   47    A  PERSON  IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
   48  FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT  TO  DECEIVE  OR  DEFRAUD  A
   49  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
   50  SHE  USES,  TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN
   51  OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR  COMBINATION
   52  THEREOF KNOWING SUCH TO BE COUNTERFEIT.
   53    RETAIL  SALES  RECEIPT  OR  UNIVERSAL  PRODUCT CODE FRAUD IN THE FIRST
   54  DEGREE IS A CLASS E FELONY.
       A. 8468                             8
    1  S 165.83 POSSESSION OF A FRAUDULENT RETAIL SALES  RECEIPT  OR  UNIVERSAL
    2             PRODUCT CODE MANUFACTURING DEVICE.
    3    A  PERSON IS GUILTY OF POSSESSION OF A FRAUDULENT RETAIL SALES RECEIPT
    4  OR UNIVERSAL PRODUCT CODE MANUFACTURING  DEVICE  WHEN,  WITH  INTENT  TO
    5  DECEIVE  OR  DEFRAUD  A  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
    6  GOODS OR SERVICES, HE OR SHE POSSESSES A DEVICE THAT MANUFACTURES  FRAU-
    7  DULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS.
    8    POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
    9  CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
   10    S 2. This act shall take effect on the first of January next  succeed-
   11  ing the date on which it shall have become a law.
   12                                   PART G
   13    Section 1. Section 38 of the general business law, as added by chapter
   14  282 of the laws of 1995, is amended to read as follows:
   15    S  38. Prohibited sales. No itinerant vendor, except for A MANUFACTUR-
   16  ER, an authorized manufacturer's representative, or authorized distribu-
   17  tor, shall offer for sale any of the following items:
   18    1. [Food manufactured and packaged for sale for consumption by a child
   19  under the age of two years; or
   20    2. Drugs as defined in section three thousand three hundred two of the
   21  public health law] BABY FOOD, WHICH SHALL INCLUDE ANY FOOD  MANUFACTURED
   22  AND  PACKAGED SPECIFICALLY FOR CONSUMPTION BY A CHILD UNDER TWO YEARS OF
   23  AGE.  THE TERM SHALL INCLUDE INFANT FORMULA;
   24    2. NONPRESCRIPTION DRUGS, WHICH SHALL INCLUDE ANY  NON-NARCOTIC  MEDI-
   25  CINE  OR  DRUG  THAT  MAY BE SOLD WITHOUT A PRESCRIPTION. THE TERM SHALL
   26  INCLUDE ANY DRUGS COMMONLY KNOWN  AS  "OVER-THE-COUNTER  DRUGS,"  HERBAL
   27  PRODUCTS,  DIETARY  SUPPLEMENTS,  BOTANICAL  EXTRACTS,  AND VITAMINS AND
   28  SUBSTANCES RECOGNIZED AS DRUGS IN THE OFFICIAL UNITED STATES PHARMACOPO-
   29  EIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES,  OR  OFFI-
   30  CIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO SUCH PUBLICATIONS;
   31    3.  COSMETICS,  WHICH  SHALL  MEAN  MERCHANDISE,  OTHER THAN SOAP, BUT
   32  INCLUDING RAZOR BLADES, THAT IS INTENDED TO BE  RUBBED,  POURED,  SPRIN-
   33  KLED,  OR  SPRAYED  ONTO,  INTRODUCED  INTO, OR OTHERWISE APPLIED TO THE
   34  HUMAN BODY OR ANY PART THEREOF  FOR  CLEANSING,  BEAUTIFYING,  PROMOTING
   35  ATTRACTIVENESS, OR ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART
   36  THEREOF; OR
   37    4.  BATTERIES,  WHICH  SHALL MEAN   A DEVICE CONSISTING OF ONE OR MORE
   38  CELLS, EACH CELL CONSISTING OF A POSITIVE ELECTRODE,  A  NEGATIVE  ELEC-
   39  TRODE  AND  AN  ELECTROLYTE,  WHICH IS USED TO PROVIDE STORED ELECTRICAL
   40  POWER.
   41    S 2. This act shall take effect immediately.
   42                                   PART H
   43    Section 1. The opening paragraph of section 155.30 of the  penal  law,
   44  as  amended  by  chapter  515 of the laws of 1986, is amended to read as
   45  follows:
   46    A person is guilty of grand larceny in the fourth degree  when  he  OR
   47  SHE steals property OR FRAUDULENTLY OBTAINS PROPERTY and when:
   48    S  2.  Section  155.30  of  the penal law is amended by adding two new
   49  subdivisions 12 and 13 to read as follows:
   50    12. THE VALUE OF THE PROPERTY OR AGGREGATED VALUE EXCEEDS ONE THOUSAND
   51  DOLLARS AND THE PERSON HAD THE INTENT TO  RESELL  SUCH  PROPERTY  ON  AN
   52  ONLINE MARKETPLACE.
       A. 8468                             9
    1    FOR  THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION THIRTEEN OF THIS
    2  SECTION, "ONLINE MARKETPLACE" SHALL MEAN AN INTERNET SITE USED TO FACIL-
    3  ITATE THE SALE OF GOODS AND SERVICES, INCLUDING ANY INTERNET  SITE  USED
    4  FOR  AUCTIONS  THAT  ARE  OPERATED  BY ANY BUYER, SELLER, OR THIRD-PARTY
    5  INTERMEDIARY.
    6    13. THE PERSON SELLS, ATTEMPTS TO SELL, OR POSSESSES STOLEN OR FRAUDU-
    7  LENTLY  OBTAINED   PROPERTY WITH AN INTENT TO RESELL SUCH PROPERTY ON AN
    8  ONLINE MARKETPLACE, AND SUCH PERSON KNEW OR SHOULD HAVE KNOWN THAT  SUCH
    9  PROPERTY WAS STOLEN.
   10    S  3.  This  act shall take effect on the ninetieth day after it shall
   11  have become a law.
   12    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   13  sion, section or part of this act shall be  adjudged  by  any  court  of
   14  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   15  impair, or invalidate the remainder thereof, but shall  be  confined  in
   16  its  operation  to the clause, sentence, paragraph, subdivision, section
   17  or part thereof directly involved in the controversy in which such judg-
   18  ment shall have been rendered. It is hereby declared to be the intent of
   19  the legislature that this act would  have  been  enacted  even  if  such
   20  invalid provisions had not been included herein.
   21    S  4.  This  act shall take effect immediately provided, however, that
   22  the applicable effective dates of Parts A through H of this act shall be
   23  as specifically set forth in the last section of such Parts.