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S8444Senate2017-2018 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. SepúlvedaSD-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

The bill prohibits mercantile establishments from pursuing civil collections if a person is found not guilty of larceny.

Why it matters

  1. Protects individuals from ongoing financial or legal pressure. If someone is found not guilty of larceny, mercantile establishments must immediately stop trying to collect money or recover goods, reducing stress and financial burden on the acquitted person or their family.

  2. Prevents misuse of civil recovery laws. The bill closes a loophole that allowed stores to pursue civil action for damages even after a court found a person not guilty, ensuring people aren’t penalized twice for the same alleged offense.

  3. Strengthens due process and fairness. It reinforces the principle that a not-guilty verdict in criminal court should shield individuals from related civil penalties, upholding the integrity of the legal system and the presumption of innocence.

  4. Provides clear legal protection for minors and families. The law applies to adults, emancipated minors, and the parents or legal guardians of unemancipated minors, ensuring families aren’t unfairly targeted after an acquittal.

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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

Senator · Senate District 32

No co-sponsors yet.

History

  1. Referred to judiciary

Full text

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

STATE OF NEW YORK

8444

IN SENATE

May 8, 2018

Introduced by Sen. SEPULVEDA -- 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 establish- ments

Purpose or general idea of bill

Upon a finding of not guilty, this bill requires the mercantile estab- lishment to cease collections.

Summary of specific provisions

Section 1 amends section 11-105 of the general obligations inn by adding a new subdivision 13. It states that once a person is acquitted of larceny, this person should not be civilly liable to the operator of a. mercantile establishment. It requires that all attempts to collect mone- tary payments or recover mercantile shall be immediately terminated.

Section 2 is the effective date.

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.

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

2014: S.5977 - Defeated in Judiciary / A.848 - Referred to Judiciary 2013: S.5977 - Referred to Rules / A.8248 - Referred to Judiciary 2016: A.5582- Referred to Judiciary

Fiscal implications

None

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.