Relates to jurisdiction for organized retail theft crimes

1 Co-sponsor

• Tony Avella

BILL NUMBER:S3822A

Title of bill

An act to amend the criminal procedure law, in relation to establishing jurisdiction for organized retail theft crimes

Purpose or general idea of bill

To grant jurisdiction in a contiguous county when at least one of the crimes constituting a pattern occurs within that county.

Summary of specific provisions

Section One amends the criminal procedure law by adding a new section 20.40(n) which provides that a person may be prosecuted for criminal actions with respect to each of the alleged criminal offenses included within a pattern of criminal offenses that are part of the same plan, scheme or venture, in any county that is contiguous to another county where at least one of the alleged criminal offenses has occurred when such offense is part of the alleged pattern of criminal activity.

Section Two is the effective date.

Justification

This bill is part of a package of legislation that seeks to cut down on patterns of criminal activity that rise to the level of "organized retail theft". According to the Federal Bureau of Investigation, organized retail theft costs United States retailers about $30 billion per year. Organized retail crime comprises a wide spectrum of high volume and highly organized theft rings that cost New York retailers specifically hundreds of millions of dollars annually and, more importantly, compromise the health, safety, and welfare of unsuspecting New York consumers. For every item stolen, New York State and local governments lose out on sales tax revenue- again, adding up to millions annually. Organized retail theft is the most serious security issue facing many retail merchants, including apparel and accessory retailers, mass merchandisers, do-it-yourself stores, drug stores, and supermarkets. It's a crime that has grown substantially over the past decade, and has continued to grow at an unprecedented level. Retailers are forced to offset these significant costs through higher prices meaning that honest consumers are forced to endure the impact of organized retail theft and professional shoplifters.

This legislation amends the penal law to allow crimes falling under the definition of organized retail theft to be prosecuted in any county that is contiguous to another county where at least one alleged offense that is part of the pattern of activity has occurred. Furthermore, the five counties of New York City are deemed contiguous with each other. Under this legislation, one district court would be granted jurisdiction over all criminal offenses, persons, and property that form the pattern of criminal offenses.

These intelligent criminals are well aware of the jurisdictional limitations under our current penal system and avoid committing multiple offenses in the same county to avoid harsher penalties. This

bill would give law enforcement officials another tool in curbing organized retail crime.

Prior legislative history

2014: S.2926-B passed Senate/ A.4274-B Died in Codes; 2012: S.6958C of 2012 passed in the Senate/ A.10507A Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.