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History
- Referred to judiciary
- Referred to judiciary
Companion bill
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Relates to 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:S5292
Title of bill
An act to amend the general obligations law, in relation to larceny in mercantile establishments
Purpose or general idea of bill
To impose a limit on the civil penalty paid to mercantile establishments in the case of alleged larceny to the amount of no more than two times the actual sales price (the price of the item at the specific place, on the specific day and at the specific time of the alleged larceny) or $50.
Summary of specific provisions
Section 1. Amends Section 11-105 of the General Obligations Law to define "actual sales price" as the price of the merchandise offered for sale to the public at the specific place, on the specific day and at the specific time of the alleged larceny. If such merchandise up to the amount of $1500, is not recovered in merchantable condition, the alleged person, or legal guardian in the case of minor, shall be civilly liable for no more than 2 times the actual sales price or $50, and the penalty shall not exceed $500.
Section 2. Effective Date
Existing law
Under Section 11-105, those persons who allegedly commit larceny are civilly liable for penalties up to 5 times that of the retail price of the good or $75.
Justification
Mercantile establishments have been forcing exorbitant fees on those civilly liable for damaged incurred from incidents of larceny. For instance, in a case of larceny where an item is on sale for $10, if the retail price of the item is $30, an alleged case of larceny would yield of a civil liability 5 times that of the retail price, or $150. This represents a $140 difference for an item which the establishment was originally willing to sell for $10. This practice could be construed as predatory, as the mercantile establishments know the alleged offender in legally bound to paying the exorbitant fine. This legislation would act to curb this practice and have a fair and just penalty for the act of larceny.
Prior legislative history
2015: New Bill/A.5595 Referred to Judiciary 2014: A.9630 - Referred to Judiciary
Fiscal implications
None to the State.
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.