Bill Text: NY S06955 | 2011-2012 | General Assembly | Amended

---

Bill Title: Creates the crime of fraudulent retail sales receipts or universal product code fraud.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S06955 Detail]

Download: New_York-2011-S06955-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6955--A
                                   I N  S E N A T E
                                    April 16, 2012
                                      ___________
       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Consumer  Protection  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the general business law and the penal law, in  relation
         to creating a crime of retail sales receipt fraud or universal product
         code fraud
         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  three  new
    2  sections 393-e, 393-f and 393-g to read as follows:
    3    S 393-E. RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
    4  THE  SECOND DEGREE.  A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR
    5  UNIVERSAL PRODUCT CODE FRAUD IN THE SECOND DEGREE WHEN, WITH  INTENT  TO
    6  DECEIVE  OR  DEFRAUD  A  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
    7  GOODS OR SERVICES, HE OR SHE USES, TRANSFERS,  MAKES,  ALTERS,  COUNTER-
    8  FEITS  OR  REPRODUCES  A  RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE
    9  KNOWING SUCH TO BE COUNTERFEIT.
   10    RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
   11  SECOND DEGREE IS A CLASS A MISDEMEANOR.
   12    S 393-F. RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
   13  THE  FIRST DEGREE.   A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR
   14  UNIVERSAL PRODUCT CODE FRAUD IN THE FIRST DEGREE WHEN,  WITH  INTENT  TO
   15  DECEIVE  OR  DEFRAUD  A  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF
   16  GOODS OR SERVICES, HE OR SHE USES, TRANSFERS,  MAKES,  ALTERS,  COUNTER-
   17  FEITS  OR  REPRODUCES FIFTEEN OR MORE RETAIL SALES RECEIPTS OR UNIVERSAL
   18  PRODUCT CODES OR COMBINATION THEREOF KNOWING SUCH TO BE COUNTERFEIT.
   19    RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
   20  FIRST DEGREE IS A CLASS E FELONY.
   21    S 393-G. POSSESSION OF A FRAUDULENT  RETAIL SALES RECEIPT OR UNIVERSAL
   22  PRODUCT CODE MANUFACTURING DEVICE.  A PERSON IS GUILTY OF POSSESSION  OF
   23  A  FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE MANUFACTUR-
   24  ING DEVICE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A  PERSON  OR  PERSON
   25  ENGAGED  IN  THE RETAIL SALE OF GOODS OR SERVICES, HE OR SHE POSSESSES A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15279-03-2
       S. 6955--A                          2
    1  DEVICE THAT MANUFACTURES FRAUDULENT RETAIL SALES RECEIPTS  OR  UNIVERSAL
    2  PRODUCT CODE LABELS.
    3    POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
    4  CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
    5    S 2. The penal law is amended by adding  three  new  sections  165.80,
    6  165.81 and 165.82 to read as follows:
    7  S 165.80 RETAIL  SALES  RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE FRAUD IN
    8             THE SECOND DEGREE.
    9    A PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT
   10  CODE  FRAUD IN THE SECOND DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD
   11  A PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES,  HE
   12  OR  SHE  USES,  TRANSFERS,  MAKES,  ALTERS, COUNTERFEITS OR REPRODUCES A
   13  RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT CODE KNOWING SUCH TO BE  COUN-
   14  TERFEIT.
   15    (1)  THE  TERM  "RETAIL  SALES  RECEIPT" SHALL MEAN ANY HANDWRITTEN OR
   16  MACHINE OR COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY  A  RETAILER
   17  TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
   18    (2)  THE  TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR CODE OR
   19  OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
   20  ING INFORMATION AND OTHER RELATED INFORMATION USED  BY  A  RETAILER  AND
   21  READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
   22  SALE PRICE OF A GOOD.
   23    RETAIL  SALES  RECEIPT  FRAUD  OR  UNIVERSAL PRODUCT CODE FRAUD IN THE
   24  SECOND DEGREE IS A CLASS A MISDEMEANOR.
   25  S 165.81 RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT CODE  FRAUD  IN
   26             THE FIRST DEGREE.
   27    A  PERSON IS GUILTY OF RETAIL SALES RECEIPT FRAUD OR UNIVERSAL PRODUCT
   28  CODE FRAUD IN THE FIRST DEGREE WHEN, WITH INTENT TO DECEIVE OR DEFRAUD A
   29  PERSON OR PERSONS ENGAGED IN THE RETAIL SALE OF GOODS OR SERVICES, HE OR
   30  SHE USES, TRANSFERS, MAKES, ALTERS, COUNTERFEITS OR  REPRODUCES  FIFTEEN
   31  OR  MORE RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODES OR COMBINATION
   32  THEREOF KNOWING SUCH TO BE COUNTERFEIT.
   33    (1) THE TERM "RETAIL SALES RECEIPT"  SHALL  MEAN  ANY  HANDWRITTEN  OR
   34  MACHINE  OR  COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
   35  TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
   36    (2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR  CODE  OR
   37  OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
   38  ING  INFORMATION  AND  OTHER  RELATED INFORMATION USED BY A RETAILER AND
   39  READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
   40  SALE PRICE OF A GOOD.
   41    RETAIL SALES RECEIPT FRAUD OR UNIVERSAL  PRODUCT  CODE  FRAUD  IN  THE
   42  FIRST DEGREE IS A CLASS E FELONY.
   43  S 165.82 POSSESSION OF A FRAUDULENT  RETAIL  SALES  RECEIPT OR UNIVERSAL
   44             PRODUCT CODE MANUFACTURING DEVICE.
   45    A PERSON IS GUILTY OF POSSESSION OF A FRAUDULENT RETAIL SALES  RECEIPT
   46  OR  UNIVERSAL  PRODUCT  CODE  MANUFACTURING  DEVICE WHEN, WITH INTENT TO
   47  DECEIVE OR DEFRAUD A PERSON OR PERSON ENGAGED  IN  THE  RETAIL  SALE  OF
   48  GOODS  OR SERVICES, HE OR SHE POSSESSES A DEVICE THAT MANUFACTURES FRAU-
   49  DULENT RETAIL SALES RECEIPTS OR UNIVERSAL PRODUCT CODE LABELS.
   50    (1) THE TERM "RETAIL SALES RECEIPT"  SHALL  MEAN  ANY  HANDWRITTEN  OR
   51  MACHINE  OR  COMPUTER PRODUCED DOCUMENT AS PROPERLY ISSUED BY A RETAILER
   52  TO ACKNOWLEDGE PAYMENT RECEIVED BY A CUSTOMER.
   53    (2) THE TERM "UNIFORM PRODUCT CODE LABEL" SHALL MEAN ANY BAR  CODE  OR
   54  OTHER CODING SYSTEM DESIGNED TO BE READ BY COMPUTER WHICH CONTAINS PRIC-
   55  ING  INFORMATION  AND  OTHER  RELATED INFORMATION USED BY A RETAILER AND
       S. 6955--A                          3
    1  READ BY A COMPUTER AT POINT OF PURCHASE FOR PURPOSES OF ESTABLISHING THE
    2  SALE PRICE OF A GOOD.
    3    POSSESSION  OF  A FRAUDULENT RETAIL SALES RECEIPT OR UNIVERSAL PRODUCT
    4  CODE MANUFACTURING DEVICE IS A CLASS E FELONY.
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.