Bill Text: NY A09672 | 2013-2014 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-15 - referred to economic development [A09672 Detail]

Download: New_York-2013-A09672-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9672
                                 I N  A S S E M B L Y
                                     May 15, 2014
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA  --  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    S  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  special
   16  duties,  police  officer or by the owner of the retail mercantile estab-
   17  lishment or motion picture theater, his authorized  employee  or  agent,
   18  and  that  such officer, owner, employee or agent had reasonable grounds
   19  to believe that the person so detained was guilty of criminal possession
   20  of an anti-security item as defined in section 170.47 of the  penal  law
   21  or  was  committing  or attempting to commit larceny on such premises of
   22  such merchandise or was engaged  in  the  unauthorized  operation  of  a
   23  recording device in a motion picture theater.
   24    2.  As  used  in this section, "reasonable grounds" shall include, but
   25  not be limited to, knowledge that  a  person  [(i)]  (A)  has  concealed
   26  possession  of unpurchased merchandise of a retail mercantile establish-
   27  ment, or [(ii)] (B) has possession of an item designed for  the  purpose
   28  of  overcoming  detection  of  security  markings  attachments placed on
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14503-01-4
       A. 9672                             2
    1  merchandise offered for sale at such an establishment,  or  [(iii)]  (C)
    2  has  possession  of  a  recording  device in a theater in which a motion
    3  picture is being exhibited [and a].
    4    3.  A  "reasonable  time"  shall mean the PERIOD OF time [necessary to
    5  permit the person detained to make a statement or to refuse  to  make  a
    6  statement,  and  the time necessary], NOT TO EXCEED ONE HOUR, to examine
    7  employees and records of the mercantile establishment  relative  to  the
    8  ownership of the merchandise, or possession of such an item or device.
    9    4.   UNDER NO CIRCUMSTANCES SHALL "REASONABLE TIME" INCLUDE, NOR SHALL
   10  THE RELEASE FROM DETENTION BY A MERCANTILE ESTABLISHMENT BE  CONDITIONED
   11  UPON,  ANY  REQUIREMENT THAT THE PERSON DETAINED FOR THE ALLEGED COMMIS-
   12  SION OF A LARCENY, OR HIS OR HER PARENT OR LEGAL  GUARDIAN,  ENTER  INTO
   13  ANY  AGREEMENT  TO PAY, DIRECTLY OR THROUGH THE EXTENSION OF CREDIT, THE
   14  CIVIL DAMAGES AND PENALTIES PROVIDED FOR IN SECTION 11-105 OF THE GENER-
   15  AL OBLIGATIONS LAW; OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED  TO  THAT
   16  INDIVIDUAL DETAINED OR SIGN ANY PAPERWORK WHATSOEVER PRESENTED TO HIS OR
   17  HER  PARENT  OR  LEGAL  GUARDIAN,  PARTICULARLY  THE  PREPARED FORM THAT
   18  STATES, IN ESSENCE: "THE MERCANTILE ESTABLISHMENT DIDN'T COERCE  YOU  IN
   19  ANY WAY INTO SIGNING ANYTHING, YOU SIGNED VOLUNTARILY." EVERY PERSON WHO
   20  IS  DETAINED  PURSUANT  TO  THIS SECTION, AND, IF, DURING SUCH DETENTION
   21  MAKES AN ORAL STATEMENT OR SIGNS ANY STATEMENT OR DOCUMENTS, OR  HIS  OR
   22  HER  PARENT  OR  LEGAL  GUARDIAN SIGNS ANY STATEMENT OR DOCUMENTS, SHALL
   23  UPON HIS OR HER RELEASE BE PROVIDED WITH A WRITTEN  TRANSCRIPT  OF  SUCH
   24  ORAL STATEMENT AND COPIES OF ANY STATEMENT OR DOCUMENTS SO SIGNED.
   25    5.  Such  detention at such vicinity shall not authorize the taking of
   26  such person's fingerprints at such vicinity unless the taking of finger-
   27  prints is otherwise authorized by section 160.10 of the criminal  proce-
   28  dure  law  and  are  taken  by the arresting or other appropriate police
   29  officer or agency described therein in accordance with section 140.20 or
   30  140.27 of such law. Whenever fingerprints are taken, the requirements of
   31  article one hundred sixty of the criminal procedure law shall  apply  as
   32  if fully set forth herein.
   33    S 2. This act shall take effect immediately.