Requires security guards employed at mercantile establishments to complete training on awareness and sensitivity to mental illness

BILL NUMBER:S4059B

Title of bill

An act to amend the general business law, in relation to requiring security guards in mercantile establishments to complete training on awareness and sensitivity to mental illness; and to amend the general obligations law, in relation to requiring a court to consider any mental disease or defect of the defendant in a civil action relating to a larceny in a mercantile establishment

Purpose

To prohibit a mercantile establishment from detaining any person who committed a larceny for the purpose of ensuring the payment of civil damages and penalties.

Summary of provisions

Section one of the bill amends §89-n(1)(b) of the general business law to require that security guards in mercantile establishments receive training on awareness and sensitivity to mental illness.

Section 2 of the bill adds a new subdivision 8-a to § 11-105 of the general obligations law to require that a court consider any credible evidence offered by a defendant of mental disease or defect in cases involving larceny in a mercantile establishment.

Section 3 provides the effective date.

Justification

There have been cases where individuals with mental diseases accused of shoplifting by a mercantile establishment have been treated inappropriately. This bill seeks to cause mercantile establishments to act in a more responsible manner when handling detainees with mental illness by requiring that security personnel receive training on awareness and sensitivity to mental illness.

Legislative history

S.8048 of 2010

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.