NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6503A
SPONSOR: Cusick (MS) TITLE OF BILL: An act to amend the criminal procedure law, in
relation to establishing jurisdiction for organized retail theft crimes
PURPOSE OR GENERAL IDEA OF BILL: To grant jurisdiction in a contiguous
county when at least one of the crimes constituting a pattern occurs
within that county.
SUMMARY OF SPECIFIC PROVISIONS:
Section One amends the criminal procedure law by adding a new section
20.40(n) which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses included
within a pattern of criminal offenses that are part of the same plan,
scheme or venture, in any county that is contiguous to another county
where at least one of the alleged criminal offenses has occurred when
such offense is part of the alleged pattern of criminal activity.
Section Two is the effective date.
JUSTIFICATION: This bill is part of a package of legislation that
seeks to cut down on patterns of criminal activity that rise to the
level of "organized retail theft". According to the Federal Bureau of
Investigation, organized retail theft costs United States retailers
about $30 billion per year. Organized retail crime comprises a wide
spectrum of high volume and highly organized theft rings that cost New
York retailers specifically hundreds of millions of dollars annually
and, more importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York State
and local governments lose out on sales tax revenue- again, adding up to
millions annually. Organized retail theft is the most serious security
issue facing many retail merchants, including apparel and accessory
retailers, mass merchandisers, do-it-yourself stores, drug stores, and
supermarkets. It's a crime that has grown substantially over the past
decade, and has continued to grow at an unprecedented level. Retailers
are forced to offset these significant costs through higher prices mean-
ing that honest consumers are forced to endure the impact of organized
retail theft and professional shoplifters.
This legislation amends the penal law to allow crimes falling under the
definition of organized retail theft to be prosecuted in any county that
is contiguous to another county where at least one alleged offense that
is part of the pattern of activity has occurred. Furthermore, the five
counties of New York City are deemed contiguous with each other. Under
this legislation, one district court would be granted jurisdiction over
all criminal offenses, persons, and property that form the pattern of
criminal offenses.
These intelligent criminals are well aware of the jurisdictional limita-
tions under our current penal system and avoid committing multiple
offenses in the same county to avoid harsher penalties. This bill would
give law enforcement officials another tool in curbing organized retail
crime.
PRIOR LEGISLATIVE HISTORY: 2014: S.2926-B passed Senate/ A.4274-B Died
in Codes; S.2012: S.6958C of 2012 passed in the Senate/ A.10507A
Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become law.
