A05582 Summary:

BILL NOA05582
 
SAME ASSAME AS S00352
 
SPONSORSepulveda
 
COSPNSRRaia
 
MLTSPNSR
 
Amd S11-105, Gen Ob L
 
Requires mercantile establishments to cease collections upon a court finding of not guilty of larceny in mercantile establishments.
Go to top    

A05582 Actions:

BILL NOA05582
 
02/27/2015referred to judiciary
01/06/2016referred to judiciary
Go to top

A05582 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5582
 
SPONSOR: Sepulveda (MS)
  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 law 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   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A05582 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5582
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2015
                                       ___________
 
        Introduced  by M. of A. SEPULVEDA, RAIA -- read once and referred 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 Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 11-105 of the general obligations law is amended by
     2  adding a new subdivision 13 to read as follows:
     3    13. Cessation of collections upon finding of  not  guilty.  An  adult,
     4  emancipated minor, or the parents or legal guardians of an unemancipated
     5  minor  who  is  found  not  guilty  in any proceeding brought under this
     6  section shall not be civilly liable to the operator  of  the  mercantile
     7  establishment  bringing the proceeding and any attempts to collect money
     8  or recover merchandise from the adult, emancipated minor, or the parents
     9  or legal guardians of an unemancipated minor shall immediately cease.
    10    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01585-01-5
Go to top