Bill Text: NY S01769 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to mercantile establishments and the defense of lawful detention; sets requirements that the release from detention shall not be conditioned on signing of any documents or agreements, if anything is signed a copy must be provided to the individual or their parent or guardian.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S01769 Detail]

Download: New_York-2019-S01769-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1769
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        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.
    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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07067-01-9
        S. 1769                             2
     1  possession of unpurchased merchandise of a retail mercantile  establish-
     2  ment,  or  [(ii)] (b) has possession of an item designed for the purpose
     3  of overcoming detection  of  security  markings  attachments  placed  on
     4  merchandise  offered  for  sale at such an establishment, or [(iii)] (c)
     5  has possession of a recording device in a  theater  in  which  a  motion
     6  picture is being exhibited [and a].
     7    3.  A  "reasonable  time" shall mean the time necessary, not to exceed
     8  one hour, except for extraordinary circumstances, to permit  the  person
     9  detained to make a statement or to refuse to make a statement[,] and the
    10  time necessary to examine employees and records of the mercantile estab-
    11  lishment  relative to the ownership of the merchandise, or possession of
    12  such an item or device.
    13    4.   The release from detention shall  not  be  conditioned  upon  any
    14  requirement  that,  the  person  detained pursuant to subdivision one of
    15  this section, or his or her parent or legal  guardian,  sign  any  docu-
    16  ments, statements, or agreements to pay damages. Any documents presented
    17  shall not contain any message stating that such document or statement is
    18  being  signed  voluntarily and without coercion. Any person detained, or
    19  his or her parent or legal guardian, who signs any  statement  or  docu-
    20  ments,  shall,  upon release, be provided with copies of such statements
    21  or documents so signed.  A minor, under the age  of  eighteen,  detained
    22  pursuant  to this section, should immediately be afforded the ability to
    23  contact his or her parents or legal guardian.
    24    5. Such detention at such vicinity shall not authorize the  taking  of
    25  such person's fingerprints at such vicinity unless the taking of finger-
    26  prints  is otherwise authorized by section 160.10 of the criminal proce-
    27  dure law and are taken by the  arresting  or  other  appropriate  police
    28  officer or agency described therein in accordance with section 140.20 or
    29  140.27 of such law. Whenever fingerprints are taken, the requirements of
    30  article  one  hundred sixty of the criminal procedure law shall apply as
    31  if fully set forth herein.
    32    § 2. This act shall take effect immediately.