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A2058Assembly2017-2018 Session

Stop Collections After Acquittal

Official title

“Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments”

Sponsor Luis R. SepúlvedaAD-87+3 co-sponsorsAffects Legal
Status
Stricken
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires stores to stop all civil collection efforts if someone is found not guilty of shoplifting in court.

Why it matters

  1. Protects individuals from ongoing civil financial penalties. if they are found not guilty of shoplifting, ensuring they don’t face demands for payment or merchandise return after a court acquittal.

  2. Closes a legal loophole. that previously allowed stores to pursue civil collections (like demanding restitution or fees) even if the accused was exonerated in criminal court, reinforcing the principle of "innocent until proven guilty" beyond just criminal consequences.

  3. Reduces emotional and financial stress. on individuals and families—especially parents or guardians of minors—by ending collection efforts immediately after a not guilty verdict, which can help prevent unwarranted financial hardship.

  4. Standardizes fair treatment across retail establishments. , making sure all stores follow the same rules and can’t intimidate or pressure acquitted individuals with ongoing civil actions.

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Who cares

Headline styles

Stop Collections After Acquittal

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Luis R. Sepúlveda

Assembly Member · Assembly District 87

1 Multi-sponsor

History

  1. Enacting clause stricken
  2. Referred to judiciary
  3. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2058

2017-2018 Regular Sessions

IN ASSEMBLY

January 17, 2017

Introduced by M. of A. SEPULVEDA, RAIA -- read once and referred to the Committee on Judiciary

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 11-105 of the general obligations law is amended by adding a new subdivision 13 to read as follows:

13. Cessation of collections upon finding of not guilty. An adult, emancipated minor, or the parents or legal guardians of an unemancipated minor who is found not guilty in any proceeding brought under this section shall not be civilly liable to the operator of the mercantile establishment bringing the proceeding and any attempts to collect money or recover merchandise from the adult, emancipated minor, or the parents or legal guardians of an unemancipated minor shall immediately cease.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07278-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.