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Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions
In Assembly Committee · Consumer Affairs And Protection · Sponsor Al Graf
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5051
Title of bill
An act to amend the general business law, in relation to communications by retail stores attempting to settle civil actions deriving from larceny prosecutions
Purpose
The purpose of this bill is to notify the defendant in a larceny case that a settlement agreement in a civil case is unrelated to any criminal prosecution.
Summary of provisions
This bill would amend the general business law by adding a new section 349-e. This new section would require a merchant or retail store in seeking a settlement in larceny. This bill includes required language which would notify the defendant that the acceptance or refusal of the settlement will not affect any criminal action arising from the events that led to the civil action.
Justification
Major stores are engaged in practicing deception in collecting money from those accused of petty crimes. They are informing these individuals that if they send them a check or provide payment they will settle their case, inferring the misconception that the criminal case will go away. What they are failing to inform these individuals is that it is a settlement for a non-existent civil case, which the store has no intention of initiating. The belief that the person's criminal case has been settled has led to the issuance of warrants, because of the misbelieve that their case has been settled.
Legislative history
2012 - A.10129
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.