What's happening
This bill limits the detention time in retail stores or theaters to one hour, restricts coercive document signing, and strengthens detainee rights.
Why it matters
Sets a firm one-hour maximum on detention time in stores or theaters, except under extraordinary circumstances. , providing clarity and stronger protections for people suspected of shoplifting or unauthorized recording. This limits the risk of prolonged, potentially abusive detentions.
Prohibits forcing detainees (or their guardians) to sign confessions, admissions, or agreements to pay damages as a condition of release. , directly targeting aggressive or coercive tactics often used by store security. This ensures that any statements or agreements are not made under duress.
Requires immediate access for detained minors to contact a parent or guardian. , and mandates that any signed documents be copied and given to the detainee or their guardian. This strengthens the rights and protections of minors and provides a clear record of any statements made during detention.
Clarifies that fingerprinting during such detentions is only allowed if already authorized under existing criminal procedure law and must be done by proper law enforcement personnel. , preventing overreach by private security or store employees and ensuring due process is followed.
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Who cares
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Limit Store Detention Time
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8445
IN SENATE
May 8, 2018
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to mercantile establishments and the defense of lawful detention
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 218 of the general business law, as amended by chapter 374 of the laws of 1994, is amended to read as follows:
§ 218. 1. Defense of lawful detention. In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights, brought by any person by reason of having been detained on or in the immediate vicinity of the premises of (a) a retail mercantile establishment for the purpose of investigation or questioning as to criminal possession of an anti-security item as defined in section 170.47 of the penal law or as to the ownership of any merchandise, or (b) a motion picture theater for the purposes of investigation or questioning as to the unauthorized operation of a recording device in a motion picture theater, it shall be a defense to such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer acting pursuant to his or her special duties, police officer or by the owner of the retail mercantile establishment or motion picture theater, his or her authorized employee or agent, and that such officer, owner, employee or agent had reasonable grounds to believe that the person so detained was guilty of criminal possession of an anti-security item as defined in section 170.47 of the penal law or was committing or attempting to commit larceny on such premises of such merchandise or was engaged in the unauthorized operation of a recording device in a motion picture theater.
2. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person [(i)] (a) has concealed possession of unpurchased merchandise of a retail mercantile establishment, or [(ii)] (b) has possession of an item designed for the purpose of overcoming detection of security markings attachments placed on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07383-02-7
S. 8445 2
merchandise offered for sale at such an establishment, or [(iii)] (c) has possession of a recording device in a theater in which a motion picture is being exhibited [and a].
3. A "reasonable time" shall mean the time necessary, not to exceed one hour, except for extraordinary circumstances, to permit the person detained to make a statement or to refuse to make a statement[,] and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise, or possession of such an item or device.
4. The release from detention shall not be conditioned upon any requirement that, the person detained pursuant to subdivision one of this section, or his or her parent or legal guardian, sign any documents, statements, or agreements to pay damages. Any documents presented shall not contain any message stating that such document or statement is being signed voluntarily and without coercion. Any person detained, or his or her parent or legal guardian, who signs any statement or documents, shall, upon release, be provided with copies of such statements or documents so signed. A minor, under the age of eighteen, detained pursuant to this section, should immediately be afforded the ability to contact his or her parents or legal guardian.
5. Such detention at such vicinity shall not authorize the taking of such person's fingerprints at such vicinity unless the taking of fingerprints is otherwise authorized by section 160.10 of the criminal procedure law and are taken by the arresting or other appropriate police officer or agency described therein in accordance with section 140.20 or 140.27 of such law. Whenever fingerprints are taken, the requirements of article one hundred sixty of the criminal procedure law shall apply as if fully set forth herein.
§ 2. This act shall take effect immediately.
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 business law, in relation to mercantile establishments and the defense of lawful detention
Purpose or general idea of bill
To impose a. reasonable limit on the mercantile establishments' ability to detain persons who have alleged committed larceny, and reduce the period of time said persons can he detained to no more than one hour.
Also, to put restrictions on mercantile establishments ability to coerce those who have alleged committed larceny from entering into any sort of pay agreement, whether directly or by credit, for the civil damaged incurred by the alleged offense. Ensuring that parents of minors are involved right away. ensuring that the detainee receive a copy of the signed paperwork.
Summary of specific provisions
Subdivision 1 of section. 214 of the General Business Law as amended by chapter 374 of the laws of 1994 is amended to impose a reasonable limit on the mercantile establishments' ability to detain persons who have alleged committed larceny, and reduce the period of time said persons can be detained to no more than one hour.
Also, to put restrictions on mercantile establishments ability to coerce those who have alleged committed larceny from entering into any sort of pay agreement, whether directly or by credit, for the civil damaged incurred by the alleged offense. This bill is also ensuring that parents of minors are involved right away and that the detainee receive a copy of the signed paperwork.
Existing law
Under Subdivision I of section 213, current law states retail mercantile establishments may detain person who have allegedly committed larceny for the purpose. of investigation or questioning in regards to criminal possession of items. This authority is given to authorized employees such as owner, employee, or agent who have reason to believe that said person who is detained was guilty of criminal possession of the item.
Justification
There have been instances where mercantile stores have knowingly abused the vague language in the law regarding their management of persons who have allegedly committed larceny. It is possible, because of how loosely the law can be interpreted, for mercantile stores to detain such persons for hours or until they have agreed to sign an admission of guilt. These admissions of guilt subject, the individuals to responsibility for the damages incurred. The mercantile establishments have then. coerced indi- viduals to either pay the civil penalties directly or open credit card accounts with the establishment.
Additionally, after the detained person agrees to pay the civil penal- ties to the mercantile establishments, they can be coerced. into signing a statement which then absolves the establishment of any wrong doing during the detention process. These statements can be as such: "the mercantile establishment didn't. coerce you in any way into signing anything you signed voluntary."
Such practices can lead to an abuse of power, and a predatory business practice, whereby mercantile stores profit from persons who have allegedly committed larceny. This legislation will strengthen the guide- lines for these practices, and stop the practice of coercion during these detention periods.
Prior legislative history
2014: Referred to Economic Development 2014: ordered to third reading rules cal.127
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.