What's happening
This bill amends the law to clarify and limit the detention of suspected shoplifters, setting a one-hour maximum except in extraordinary circumstances, and establishes protections regarding document signing and parental contact for minors.
Why it matters
Limits on Detention Duration. By capping the detention of suspected shoplifters (and those suspected of related offenses) to a maximum of one hour—except in truly exceptional situations—this law reduces the risk of unnecessarily prolonged or abusive detentions in retail settings, protecting individuals’ civil liberties.
Stronger Protections for Minors. The bill specifically requires that minors detained for suspected shoplifting must be given the opportunity to contact their parent or legal guardian immediately, and that parents or guardians are involved in key decisions—helping to safeguard minors from intimidation, confusion, or coerced confessions.
Safeguards Around Document Signing. The law prohibits making release from detention conditional on signing any statements, admissions, or agreements to pay damages, and bans the use of coercive language in such documents. This prevents individuals—especially vulnerable ones—from being pressured into signing incriminating or financially binding documents under duress.
Enhanced Transparency and Accountability. By mandating that copies of any signed documents must be provided to the person detained (or their parent/guardian), the bill promotes transparency and gives individuals a clear record of what they were asked to sign—helping to prevent future disputes or misuse of such documents.
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Who cares
Retailers and movie theater operators
The bill would cap detention time under the lawful-detention defense at one hour except in extraordinary circumstances and prohibit conditioning release on signing documents or agreements to pay damages.
People detained at stores or movie theaters
The bill would require copies of any statements or documents they sign and prohibit presented documents from stating that signatures are voluntary and without coercion.
Minors and their parents or legal guardians
The bill says detained minors under eighteen should immediately be allowed to contact a parent or legal guardian and would prohibit requiring a parent or guardian to sign documents as a condition of release.
Police officers, peace officers and store security staff
The bill would narrow the time considered reasonable for detention while retaining the requirement that detention be conducted reasonably and supported by reasonable grounds.
Headline styles
Set Rules for Store Detention
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Ordered to third reading cal.551
- Substituted for A7459
- Referred to codes
- Delivered to assembly
- Passed senateVote 44–18
- Ordered to third reading cal.1128
- Committee discharged and committed to rules
- Reported and committed to codes
- Referred to consumer protection
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.
Protect Shoppers’ Detention Rights
Assembly Floor Calendar · Sponsor Phil Steck
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1769
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07067-01-9
S. 1769 2
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 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 allegedly 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 and 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
S.8445 of 2018, referred to consumer protection 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.