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S4921Senate2017-2018 SessionSame asA2058

Stop Collections After Not Guilty

Official title

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

Sponsor Ruben DiazSD-32Affects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires stores to stop civil collection efforts if a person is found not guilty of larceny in court.

Why it matters

  1. Protects individuals from ongoing debt collection. If someone is found not guilty of shoplifting (larceny) in court, stores must immediately stop all civil efforts to collect money or retrieve goods from that person or their family. This prevents people from facing financial demands after being cleared of wrongdoing.

  2. Reduces legal and financial stress during and after criminal proceedings. The bill ensures that acquitted individuals aren’t subjected to further civil penalties or harassment, which can be a significant burden even after a court has found them not guilty.

  3. Applies to minors and their families as well. The protections extend not just to adults, but also to emancipated minors and the parents or guardians of unemancipated minors, ensuring families aren’t unfairly targeted after a legal acquittal.

  4. Encourages fairness in store policies and legal processes. By making civil liability contingent on a guilty verdict, the bill discourages stores from using civil collection tactics as a default response to all accusations, promoting a more just approach.

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Who cares

Headline styles

Stop Collections After Not Guilty

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

Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

No co-sponsors yet.

History

  1. Referred to judiciary

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.

A2058Assembly

Stop Collections After Acquittal

Stricken · Sponsor Luis R. Sepúlveda

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

4921

2017-2018 Regular Sessions

IN SENATE

March 3, 2017

Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed 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.

Sponsor's memo

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 the general obligations law, section 11-105 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

2016: S.352- REFERRED TO JUDICIARY/A. 5582- REFERRED TO JUDICIARY 2015: S.352- REFERRED TO JUDICIARY/A.5582- REFERRED TO JUDICIARY 2014: S.5977 - Defeated in Judiciary/A.8248 Referred to Judiciary 2013: S.5977 - Referred to Judiciary/A.8248 - Referred to Judiciary

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.