Bill Text: NY S06289 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes crimes relating to false receipts and universal product code labels; defines terms.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-01-09 - REFERRED TO CODES [S06289 Detail]
Download: New_York-2013-S06289-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6289 I N S E N A T E January 9, 2014 ___________ Introduced by Sens. ZELDIN, LAVALLE, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to establishing crimes relat- ing to false receipts and universal product code labels THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The penal law is amended by adding three new sections 2 165.80, 165.81 and 165.82 to read as follows: 3 S 165.80 DEFINITIONS; APPLICATION TO OFFENSES REGARDING RETAIL SALES 4 RECEIPTS AND UNIVERSAL PRODUCT CODE LABELS. 5 AS USED IN SECTIONS 165.81 AND 165.82 OF THIS ARTICLE, THE FOLLOWING 6 TERMS SHALL HAVE THE FOLLOWING MEANINGS: 7 1. THE TERM "RETAIL SALES RECEIPT" SHALL MEAN ANY HANDWRITTEN OR 8 MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER 9 TO ACKNOWLEDGE PAYMENT RECEIVED FROM A CUSTOMER. 10 2. THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR 11 OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC- 12 ING INFORMATION AND OTHER RELATED INFORMATION USED BY A RETAILER AND 13 READ BY A COMPUTER AT A POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING 14 THE SALE PRICE OF A GOOD. 15 S 165.81 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE 16 SECOND DEGREE. 17 A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE 18 FRAUD IN THE SECOND DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A 19 PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR 20 SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES A RETAIL 21 SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE COUNTERFEIT. 22 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND 23 DEGREE IS A CLASS A MISDEMEANOR. 24 S 165.82 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE 25 FIRST DEGREE. 26 A PERSON IS GUILTY OF RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE 27 FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01453-01-3 S. 6289 2 1 PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR 2 SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR REPRODUCES FIFTEEN 3 OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR COMBINATION 4 THEREOF KNOWING SUCH TO BE COUNTERFEIT. 5 RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE FRAUD IN THE FIRST 6 DEGREE IS A CLASS E FELONY. 7 S 2. This act shall take effect on the first of November next succeed- 8 ing the date on which it shall have become a law.