What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8048
Title of bill
An act to amend the general business law and the general obligations law, in relation to detention for larceny in mercantile establishments
Purpose
To redefine "reasonable time" under section 218 of the general business law as it relates to detention by a mercantile establishment of a detainee. It also clarifies the civil liability penalty imposed by a mercantile establishment in connection with a larceny.
Summary of provisions
Section 1 of the bill amends §2l8 of the General Business Law by redefining "reasonable time" of detention.
Section 2 of the bill amends subdivisions 5, 6, 8 and 8-a of section 11-105 of the general obligations law to limit the civil damages penalty imposed upon a detainee to five times the actual sale price of the item on the day of larceny. It also requires the court, when imposing a civil penalty, to consider any credible evidence offered by a defendant of mental disease or defect.
Section 3 of the bill creates the effective date.
Justification
There have been cases where individuals with mental diseases accused of shoplifting by a mercantile establishment have been detained for unreasonably long periods of time. In some of these cases, the detainee was coerced into opening a credit card with the mercantile establishment in order to pay the civil fines and penalties allowed by law as a condition of release from detention. Payments of these fines and penalties through coercion are inappropriate, especially in the context of mental illness. This bill would impose penalties for such actions that will cause mercantile establishments to act in a more responsible manner while handling detainees, especially those detainees with mental illness.
Legislative history
None.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to larcenies and attempted larcenies committed on or after the effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.