Bill Text: NY S01844 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S01844 Detail]

Download: New_York-2015-S01844-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1844
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sen.  DILAN  -- 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  communications
         by  retail  stores  attempting  to  settle civil actions deriving from
         larceny prosecutions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  349-f to read as follows:
    3    S  349-F.  CIVIL  PROCEEDINGS  IN  LARCENY PROSECUTIONS. 1. WHENEVER A
    4  MERCHANT OR RETAIL STORE ATTEMPTS TO  SETTLE  A  CIVIL  ACTION  THAT  IS
    5  DERIVATIVE OF A CRIMINAL PROSECUTION COMMENCED UNDER ARTICLE ONE HUNDRED
    6  FIFTY-FIVE  OF  THE  PENAL  LAW,  ALL  COMMUNICATIONS PERTAINING TO SUCH
    7  ATTEMPTED SETTLEMENT SHALL CONTAIN THE FOLLOWING STATEMENT, WHICH SHALL,
    8  IF WRITTEN, BE IN A CONSPICUOUS PLACE, IN FONT LARGER THAN THE REMAINDER
    9  OF THE COMMUNICATION, AND, IF SPOKEN, READ IN ITS ENTIRETY:
   10    THIS IS AN ATTEMPT TO REACH A SETTLEMENT AGREEMENT IN A  CIVIL  ACTION
   11  FOR  SATISFACTION OF DAMAGES RELATED TO A CRIMINAL PROSECUTION. YOU HAVE
   12  THE RIGHT TO REFUSE THIS OFFER. YOUR ACCEPTANCE OR REFUSAL OF THIS OFFER
   13  HAS NO EFFECT ON ANY CRIMINAL ACTION ARISING FROM THE EVENTS THAT LED TO
   14  THIS CIVIL ACTION. FAILURE TO ACCEPT THIS AGREEMENT MAY RESULT IN  CIVIL
   15  LITIGATION AGAINST YOU.
   16    2.  A MERCHANT OR RETAIL STORE THAT FAILS TO INCLUDE SUCH STATEMENT IN
   17  ANY COMMUNICATION WITH DEFENDANT SHALL BE STRICTLY LIABLE FOR:
   18    (A) ANY ACTUAL DAMAGES SUSTAINED BY DEFENDANT  AS  A  RESULT  OF  SUCH
   19  FAILURE;
   20    (B)  TREBLE  THE  AMOUNT SOUGHT BY THE MERCHANT OR RETAIL STORE IN ANY
   21  SUCH SETTLEMENT AGREEMENT. IN THE CASE OF  MULTIPLE  SETTLEMENT  OFFERS,
   22  THE  AMOUNT  TO BE TREBLED SHALL BE THE HIGHEST SETTLEMENT AMOUNT SOUGHT
   23  BY SUCH MERCHANT OR RETAIL STORE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05556-01-5
       S. 1844                             2
    1    (C) IN THE CASE OF ANY SUCCESSFUL  ACTION  TO  ENFORCE  THE  FOREGOING
    2  LIABILITY,  THE  COSTS  OF THE ACTION, TOGETHER WITH A REASONABLE ATTOR-
    3  NEYS' FEE AS DETERMINED BY THE COURT. ON A FINDING BY THE COURT THAT  AN
    4  ACTION  UNDER  THIS SECTION WAS BROUGHT IN BAD FAITH AND FOR THE PURPOSE
    5  OF  HARASSMENT,  THE  COURT  MAY  AWARD TO THE DEFENDANT ATTORNEYS' FEES
    6  REASONABLE IN RELATION TO THE WORK EXPENDED AND COSTS.
    7    S 2. This act shall take effect immediately.