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History
- Defeated in judiciary
- Notice of committee consideration - requested
- Referred to judiciary
- Referred to rules
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.
Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments
In Assembly Committee · Judiciary · Sponsor Luis R. Sepúlveda
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5977
Title of bill
An act to amend the general obligations law, in relation to requiring mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments
Purpose or general idea of bill
Provides for the immediate cessation of collections upon a finding of not guilty.
Summary of specific provisions
Section 1.. Amends section 11-105 of the general obligations law by adding a new subdivision 13. Provides that a person who is found not guilty of larceny shall not be civilly liable to the operator of a mercantile establishment. Requires that any attempt to collect money or recover merchandise shall immediately cease.
Section 2. Effective Date
Existing law
Section 11-105 of the General Obligations law establishes civil penalties in cases of larceny.
Justification
While the General Obligations law, section 11-105 provides ample protection for mercantile establishments in cases of larceny, there is no protection for someone who has been accused of larceny, but found not guilty by the court.
A situation occurred at Macy's whereby a shopper was accused of stealing a coat he had purchased and attempted to return the following day, along with the receipt to verify the purchase. The shopper was arrested by the NYPD and taken to midtown criminal court. The judge, upon hearing the case and determining the facts, dismissed the charges The shopper's attorney filed a civil suit against Macy's, and of course Macy's settled.
However, the case did not end with the finding of not guilty and the civil suit. A collection agency, attempting to collect a "debt" contacted the shopper and insisted that the shopper stilled owed Macy's the purchase price of the coat.
This bill would prohibit a mercantile establishment from initiating civil liability upon a finding of not guilty and would further require any attempt to collect money or recover merchandise to immediately cease.
Prior legislative history
New Bill
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.